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(영문) 서울남부지방법원 2015.08.21 2014가합10244
퇴직금
Text

1. The defendant shall set up each of the money stated in the separate sheet “legal retirement allowance” and the same list against 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 concluded a service contract with the Defendant for claims collection business (hereinafter “instant service contract”), and retired from office after serving as the Defendant’s debt collector at several points under the Defendant’s jurisdiction during the period indicated in the “period of service” column in the attached list.

[Reasons for Recognition] Unsatisfy, Entry of Gap evidence 1 (including paper numbers; hereinafter the same shall apply), the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiffs asserted, notwithstanding the form or title of the instant service agreement, provided labor to the Defendant as an employee under the Labor Standards Act, who is substantially subordinate to the Defendant.

Therefore, the defendant is obligated to pay retirement allowances to the plaintiffs under the Labor Standards Act.

B. In light of the Defendant’s assertion form of the instant service agreement or the actual duties of the Plaintiffs, the Plaintiffs are merely individuals who conduct claims collection business delegated by the Defendant and receive fees according to the outcome thereof.

Therefore, since the plaintiffs cannot be viewed as workers under the Labor Standards Act, the plaintiffs' claim for retirement allowance is without merit.

3. Whether the plaintiffs are workers

A. Determination of whether a worker is a worker under the relevant legal doctrine is an employment contract or a contract for work. Determination of whether a worker provided labor in a subordinate relationship with an employer for the purpose of wages in a business or workplace should be made depending on whether the worker provided labor in a subordinate relationship with the employer. Determination of whether a subordinate relationship exists is based on the content of work determined by the employer, is subject to rules of employment or service regulations, and is subject to reasonable direction and supervision by the employer in the

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