1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Basic Facts

The defendant is a company engaged in the manufacture, wholesale and retail business, etc. of leather products (dubs, handbags, liquides), clothing products.

The Plaintiffs entered into an entrustment contract with the Defendant on each of the corresponding dates set forth in the attached list “the date of commencement of business” with the content that “the Defendant will sell goods at the Defendant’s store in the department store and receive a certain percentage of commission fees from the Defendant for sales performance.” From that time, the Plaintiffs engaged in the business of selling goods at the Defendant’s store, and they terminate the above business on each of the corresponding dates set forth in the attached

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 3 and 4 (including a serial number; hereinafter the same shall apply) and the purport of the whole pleadings, the key issue of this case is that the plaintiffs are workers who provided labor in subordinate relationship with the defendant for the purpose of wages, notwithstanding the form of the entrustment contract, and the plaintiffs claim the payment of retirement allowances against the defendant.

As to this, the defendant asserts that the defendant, upon entering into an entrustment contract with the defendant, employs the sales staff and sells the defendant's goods, does not constitute an employee under the Labor Standards Act.

Therefore, the issues of this case are whether the plaintiffs' labor provided to the defendant in a subordinate relationship for the purpose of wages (Article 2 (1) 1 of the Labor Standards Act) and thus, the following is examined.

Whether the plaintiffs are workers under the relevant legal principles as to whether they are workers under the Labor Standards Act should be determined based on whether the form of contract is an employment contract or a delegation contract is an employment contract, and whether the substance of the labor provision relationship is a subordinate relationship to an employer for the purpose of wages in a business or workplace.

Here, the subordinate relationship is dependent.