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1. The defendant 4,375,977 won to the plaintiff A, 5,659,289 won to the plaintiff B, 3,423,73 won to the plaintiff C, and 4,306 won to the plaintiff D.
Reasons
Basic Facts
Plaintiff
A was employed by the defendant company on February 1, 2010 and was employed as a debt collector, and retired from the defendant company on March 31, 2013.
Plaintiff
B was employed by the Defendant on May 1, 201 as debt collection employee, and retired from the Defendant Company on May 31, 2013.
Plaintiff
C On March 8, 2010, upon joining the Defendant Company, retired from the Defendant Company on April 30, 2012.
Plaintiff
D was employed by the defendant company on January 1, 2009 as debt collection employee, and retired from the defendant company on May 31, 2013.
[Ground of recognition] The fact that there is no dispute. The plaintiffs of the parties to the determination as to the cause of the claim in this case asserted that the plaintiffs worked as the defendant's employee, and the defendant is obligated to pay retirement allowances under the Labor Standards Act and the Guarantee of Workers' Retirement Benefits
The defendant asserts that the defendant did not have any obligation to pay retirement allowances to the plaintiffs, since the plaintiffs entered into a contract with the defendant and did not work as the defendant's employee.
Judgment
According to the Supreme Court Decision 2009Da99396 Decided April 15, 2010, etc., the issue of whether a person is a worker under the Labor Standards Act shall be determined depending on whether the form of a contract is an employment contract or a contract for employment, and in substance, whether a worker has a subordinate relationship with an employer for the purpose of wages in the business or workplace. Whether a subordinate relationship exists as mentioned above shall be determined by the employer, and shall be subject to the rules of employment or service regulations, and the employer shall exercise reasonable direction and supervision in the course of performing duties, whether the employer designates working hours and place, whether the employer is bound by the employer, and whether the employer is provided with equipment, raw materials, or working tools.