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1. The defendant is identical to each of the money stated in the separate sheet for calculation of retirement allowances in the separate sheet and each of them.
Reasons
1. Basic facts
A. The Defendant (former: H) is a company established by spin-off on November 5, 2010, in the assets management of the I credit rating company (debt collection and credit rating).
B. After concluding a delegation contract with the Defendant’s general administrator, the Plaintiffs retired from office at the end of each service period as stated in the “service period” in the attached retirement allowance calculation table.
【Ground of recognition】 Facts without dispute, Gap evidence Nos. 1, 2, 3, and 4, each of the statements, 16, and 19, and the purport of the whole pleadings
2. The parties' assertion
A. The plaintiffs' assertion constitutes workers under the Labor Standards Act who provide labor to the defendant who is the employer in a subordinate relationship with the purpose of actual wages.
Therefore, the defendant is liable to pay retirement allowances corresponding to each service period and damages for delay to the plaintiffs.
B. The Defendant’s assertion is not an employee under the Defendant’s direction and supervision, but rather an employee under the Labor Standards Act, since the Defendant entered into a contract of delegation with the Defendant, and only performed the said duties as a mandatory.
Therefore, the defendant is not obliged to pay the above retirement allowance to the plaintiffs.
3. Determination
A. Determination criteria of whether the Plaintiffs are workers under the Labor Standards Act shall be determined based on whether the form of the contract is an employment contract or a contract for work is in substance, depending on whether an employee provided labor in a subordinate relationship with the employer for the purpose of wages. Here, whether a subordinate relationship exists shall be determined by the employer’s contents of work, and whether the employer has considerable direction and supervision in the course of performing work under the rules of employment or service (which shall be governed by the regulations on personnel management, etc., and whether the employer designates working hours and place and is detained by the employee.