1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

1. Basic facts

A. The Defendant is a company engaged in debt collection, credit investigation, etc. upon obtaining permission from the Financial Services Commission in accordance with the Use and Protection of Credit Information Act (hereinafter “Credit Information Act”).

B. The Plaintiff entered into a delegated claims collector delegation contract (hereinafter “instant delegated contract”) with the Defendant, and the Defendant performed the business of managing and collecting claims that the creditors accepted from the creditors from January 1, 2010 to September 30, 2012.

[Reasons for Recognition] Each entry in Category B Nos. 1 and 2 (including paper numbers), the purport of the whole pleadings

2. The plaintiff asserts that he provided labor to the defendant in a subordinate relationship for the purpose of wages, and that the defendant is obligated to pay the retirement allowance of KRW 7,071,928 as well as damages for delay to the plaintiff under the Labor Standards Act.

The defendant asserts that the plaintiff is an individual entrepreneur who entered into a delegation contract with the defendant and performed his duties, and that it is not an employee who provided his labor under the direction and supervision of the defendant company in a subordinate relationship with the defendant company.

3. Whether the plaintiff constitutes a worker under the Labor Standards Act

A. Whether a worker is a worker under the legal doctrine shall be determined by whether the form of a contract is an employment contract or a contract for work in substance, depending on whether an employee provided work in a subordinate relationship with an employer for the purpose of wages at a business or a workplace. Here, whether a subordinate relationship exists shall be determined by the employer’s contents of work and shall be subject to rules of employment or service regulations, etc., and the employer shall exercise reasonable direction and supervision in the course of performing work, whether the employer designates work hours and work places, whether the employee is detained, and whether a labor provider owns or hires equipment, raw materials, or work tools.