1. The defendant shall pay to the plaintiffs each corresponding amount and each corresponding amount stated in the "legal retirement allowance" column of the attached retirement allowance calculation sheet.

1. Under the Credit Information Use and Protection Act, the Defendant is a company primarily responsible for debt collection and credit investigation business with the permission of the Financial Services Commission in accordance with the same Act.

The Plaintiffs concluded their respective delegation agreements (hereinafter “instant delegation agreements”) with the Defendant, and Plaintiff A was employed by the two teams of the Defendant Company’s National Happiness Fund from August 5, 201 to May 31, 2018, and Plaintiff C was employed by the Defendant Company’s TM claim team, from October 11, 2004 to December 31, 2010, and from January 18, 201 to July 31, 2018, and was set off at the end of each service period.

[Ground of recognition] Each entry of Gap evidence Nos. 1 and 3 (including paper numbers; hereinafter the same shall apply) and the purport of the whole pleading

2. The gist of the plaintiffs' assertion was that they concluded a delegation contract with the defendant in form, but since they actually provided labor to the defendant in the performance of their duties, they constitute workers under the Labor Standards Act.

Therefore, the defendant is obligated to pay retirement allowances and damages for delay under the Guarantee of Workers' Retirement Benefits Act to the plaintiffs.

3. Whether the plaintiffs are workers

A. Determination of whether a worker is a worker under the Labor Standards Act should be made based on whether the form of a contract is an employment contract or a contract for employment, and whether the substance thereof is whether the worker provided labor to the employer for the purpose of wages in subordinate relations with the employer

Here, whether or not a subordinate relationship is determined by the employer, and the rules of employment or service regulations are applied, whether or not the employer directs or supervises the employer in the course of performing his/her duties, whether or not the employee is bound by the designation of work hours and place, and whether or not a labor provider owns equipment, raw materials or work tools, or has a third party employ and act as an agent for him/her.