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.

1. Basic facts

A. The defendant is a company aimed at credit investigation business and debt collection business.

B. The Plaintiffs were employed as the Defendant’s debt collection source during each corresponding period of service indicated in the attached retirement allowance calculation table.

[Judgment of the court below] The ground for recognition

2. The parties' assertion

A. The plaintiffs' assertion constitutes workers under the Labor Standards Act who provide labor to the defendant in a subordinate relationship with the purpose of actual wages, and the defendant is obligated to pay retirement allowances and compensation for delay corresponding to each service period.

B. The Defendant’s assertion is a party who entered into a debt collection delegation contract, which is a contract delegation contract with the Defendant, and is only an independent contractor who engages in the collection activities under an autonomous decision by using their know-how, and thus, is not an employee under the Labor Standards Act.

3. Determination

A. Determination criteria of whether the Plaintiffs are workers under the Labor Standards Act ought to be based on whether the form of contract is an employment contract or a contract for employment, and in substance, whether an employee provided labor in a subordinate relationship with an employer for the purpose of wages in the business or workplace. 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 duties, whether the employer designates working hours and work places, whether the employer is bound by the employer, whether the employer is able to operate his/her business on its own, such as possessing equipment, raw materials, work tools, etc. or having a third party employ and act on behalf of the employer, and whether the employer has a risk of incurring profits and losses by providing labor.