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(영문) 서울남부지방법원 2018.12.14 2017가합112684
퇴직금
Text

1. The defendant is the same as to each of the relevant amounts and each of the said amounts stated in the attached Table 2’s “legal retirement allowance” to the plaintiffs.

Reasons

1. Basic facts

A. The defendant is a corporation established for the purpose of debt collection and credit investigation upon obtaining permission from the Financial Services Commission in accordance with the Use and Protection of Credit Information Act.

B. The Plaintiffs entered into a contract for debt collection services with the Defendant (i.e., “a delegation contract for debt collection business” from around 2010 and “a delegation contract” from around 2011; hereinafter “instant contract”) and retired from office as the Defendant’s debt collection source during each period specified in the attached Table 2.

[Reasons for Recognition] Facts without dispute, Gap 1, 2, 3 (if there are virtual numbers, including each number; hereinafter the same shall apply), the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiffs asserted, notwithstanding the form or name of the instant contract, provided labor to the Defendant as an employee under the Labor Standards Act, who is practically determined by the Labor Standards Act.

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

B. The defendant's assertion that the defendant did not manage the plaintiffs' root or issue specific work instructions in relation to debt collection, and only provided work place and equipment so that the plaintiffs can smoothly perform delegated affairs.

The plaintiffs received fees in proportion to debt collection performance without the basic pay or fixed pay, and it cannot be viewed as wages due to the fact that the amount is large for each plaintiff and each period, and that the amount is determined depending on the quantity and quality of labor provided.

Therefore, since the plaintiffs cannot be viewed as workers under the Labor Standards Act, the defendant is not obligated to pay retirement allowances to the plaintiffs.

3. Determination

A. Whether the Plaintiffs are workers under the Labor Standards Act or workers under the relevant legal doctrine is an employment contract.

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