1. Of the judgment of the court of first instance, the part against the defendant in excess of the money ordered to be paid below shall be revoked.

1. Basic facts

A. On November 26, 1999, the Defendant is a company engaged in credit investigation business, debt collection business, etc. with a credit information business license under the Credit Information Use and Protection Act (hereinafter “Credit Information Act”).

B. On June 1, 2005, the Plaintiff entered into a business delegation agreement with the Defendant for debt collection (hereinafter “instant business delegation agreement”). A person who retired from the Defendant on December 31, 2012 while taking charge of the Defendant’s business of collecting claims delegated by the creditors.

[Ground of recognition] Facts without dispute, entry of Gap 1-4 evidence, purport of the whole pleadings

2. The plaintiff asserts that although the delegation contract of this case takes the form of delegation contract, the plaintiff provided labor to the defendant in a subordinate relationship for the purpose of wages, the defendant is obligated to pay the plaintiff the money stated in the claim as retirement allowance under the Guarantee of Workers' Retirement Benefits Act.

In this regard, the defendant asserts that the plaintiff is not an authorized person who entered into a debt collection delegation contract with the defendant and performed his duties, and that the defendant is not an employee who provided his labor under the defendant's direction and supervision.

3. Determination

A. Determination of whether a worker is a worker under the Labor Standards Act shall be based on whether the form of a contract is an employment contract or a delegation contract, and in substance, whether an employee provided labor in a subordinate relationship with an employer for the purpose of wages at a business or workplace. Here, whether a subordinate relationship exists shall be determined by the employer’s contents of work and shall be subject to the rules of employment or employment regulations, and the employer’s considerable direction and supervision in the course of performing work, and the employer shall designate working hours and place and designate the worker.