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(영문) 서울동부지방법원 2016.12.23 2015가합110704
퇴직금
Text

1. The Defendant stated the Plaintiffs’ “legal retirement allowance column” in the annexed retirement allowance calculation sheet, respectively, and each of them.

Reasons

1. Under the Credit Information Use and Protection Act (hereinafter “Credit Information Act”), the Defendant: (a) was a company engaged in debt collection and credit investigation with permission from the Financial Services Commission; and (b) concluded a debt collection entrustment contract with the Defendant on the first day of each service period specified in the separate retirement allowance calculation table (hereinafter “retirement allowance calculation table”); and (c) was in charge of debt collection affairs after entering into the debt collection service contract with the Defendant on the first day of each service period specified in the separate retirement allowance calculation table (hereinafter “retirement allowance calculation table”); and (d) retired at the last day of each service period as above, the fact that the Defendant retired from the office is not disputed between the parties,

2. Judgment on the ground of the Plaintiff’s claim

A. 1) The plaintiffs' assertion 1 falls under the grounds that they are retired from the service after being employed by the defendant for the purpose of wages and under specific direction and supervision of the defendant, and they are subject to the application of the Labor Standards Act. The defendant is obligated to pay legal retirement allowances to the plaintiffs. 2) The defendant's assertion is merely concluding a delegation contract with the defendant for debt collection, etc., and it does not constitute an employee under

B. Whether the Plaintiffs constitute a worker under the relevant legal doctrine is more substantially determined than the form of a contract, depending on 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 is determined by the employer, and the rules of employment or service (which is subject to the application of personnel regulations, etc.), whether the employer orders and supervises the employer in the process of performing duties, and whether the employer designates working hours and place and is detained by the employee.

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