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(영문) 서울동부지방법원 2014.03.28 2013가합15225
퇴직금
Text

1. The defendant stated the "legal retirement allowance" column in the annexed retirement allowance calculation sheet to the plaintiffs, and as to the money.

Reasons

1. Under the Credit Information Use and Protection of Credit Information Act (hereinafter “Credit Information Act”), the Defendant is a company engaged in debt collection and credit investigation with permission from the Financial Services Commission; the Plaintiffs entered into a debt collection service entrustment contract with the Defendant on the first day of service period stated in the annexed retirement allowance calculation table; and the Defendant entered into a debt collection service contract with the Defendant on the first day of service period stated in the annexed retirement allowance calculation table; and the fact of retirement from the Defendant on the last day of service period that the Defendant retired at the end of the above service period was not disputed between the parties; or the purport of the entire pleadings in the evidence No. 1 and evidence No. 1 (including

2. The assertion and judgment

A. (1) The plaintiffs asserted that they constitute workers under the Labor Standards Act (A) since they constitute retired workers under the defendant's specific direction and supervision for the purpose of their wages, they constitute workers under the Labor Standards Act, the defendant is obligated to pay statutory retirement allowances to the plaintiffs.

(B) The Defendant’s assertion that the contract was concluded with the Defendant constitutes a delegation contract for debt collection rather than a labor contract, and the Plaintiffs prepared and delivered to the Defendant a written pledge to conclude the above debt collection delegation contract as an individual entrepreneur. The Defendant did not designate working place or have given specific directions and supervision to the Plaintiffs during the course of performing his/her duties. The Plaintiffs were not subject to the Defendant’s rules of employment, personnel regulations, service regulations, etc., and the Plaintiffs’ paid fees are merely a performance fee based on the collection of claims, and there is no fixed wage or basic wage, and the amount is significant difference by the Plaintiffs and each payment period. The Plaintiffs did not constitute wages. The Plaintiffs were not covered by the Defendant’s four-party insurance.

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