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(영문) 서울남부지방법원 2016.04.12 2015가단203527
퇴직금 청구의 소
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. The plaintiff's assertion is a company aimed at debt collection, credit investigation, etc.

From March 19, 2007 to October 31, 2013, the Plaintiff worked for the Defendant Company as a delegated debt collector.

Although there is a dispute between the plaintiff and the defendant as to the worker nature of the plaintiff, in light of the following (1) through (9), the plaintiff is a worker who provided work subordinate to the defendant, and the defendant must pay the plaintiff the amount stated in the claim as

① The Plaintiff received education from the Defendant regarding the matters instructed by the Financial Supervisory Service or the matters prescribed by the Credit Information Business Regulations, the Computer Business Regulations, and the Computer Security Regulations, and received instructions from the Defendant to perform its duties while complying with those matters.

(2) The Defendant conducted a business campaign or a recovery campaign each year to encourage debt collectors to perform their duties, and when the camping period, which is one of two months ordinarily ends, assessed the collection performance, performance of duties, etc. and paid performance-based bonuses.

③ The Defendant unilaterally changed the fee paid to the debt collector depending on the amount collected.

④ According to the result of a regular audit, the Defendant set the standards for personal information on his/her books and illegal internal civil petitions and imposed an individual fine on the civil petitioner.

⑤ The Defendant provided debt collectors with manager education, civil petition prevention education, education related to the enforcement of the Personal Information Protection Act, and legal education related to illegal debt collection.

6. The Plaintiff was under the control of entering the destination of the visit in the records of commuting while having been free of time to commute to and from work, if he went out of work.

7) The Plaintiff purchased part of the equipment necessary for claims collection business, such as a kacker knife and a breabbbbbing, at its own expense, provided most of the equipment

(8) The amount of money collected by the plaintiff shall be deposited in the defendant.

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