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1. All of the plaintiffs' claims are dismissed.
2. The costs of lawsuit are assessed against the plaintiffs.
Reasons
Basic Facts
The defendant is a company for the purpose of collecting on commission, checking measuring instruments, etc. and performing business operations, which is entrusted by the Korea Electric Power Corporation with the business of inspection of electric measuring instruments, service of bills, etc. related to electric utility rates, termination, construction, re-supply, etc. for the customers in arrears of electric utility rates.
The Plaintiffs concluded an entrustment contract with the Defendant (hereinafter “instant entrustment contract”) on each day indicated in the attached Table “the date of entry”, and was commissioned as the principal consignment and carried out the duties of inspection, service, etc., and retired from office on July 31, 2012 after they were transferred to regular workers on each day indicated in the attached Table “the time of conversion to regular workers.”
[Reasons for Recognition] Facts without dispute, Eul evidence Nos. 2-1 through 12, Eul evidence Nos. 5-1 through 5-5, Eul evidence Nos. 7-1 through 7, and Eul evidence Nos. 9-1 through 12, and the purport of the whole argument of the parties concerned is that the plaintiffs are workers under the Labor Standards Act who are employed in the form of an entrustment contract, but their substance were offered labor to the defendant for wage purposes. Thus, the defendant is obligated to pay to the plaintiffs the difference between the retirement allowances already received from the fixed retirement allowances by calculating the period from the date of the entrustment contract to the date of retirement, in accordance with the Guarantee of Workers' Retirement Benefits Act.
In light of the contents of the consignment contract concluded between the defendant and the defendant and the independence, autonomy, etc. in performing the plaintiffs' duties, the plaintiffs at the time of the defendant's work as entrusted workers do not constitute workers who provide labor to the defendant in a subordinate relationship, and the defendant does not have a duty to pay retirement allowances for the period from the conclusion date
Even if the plaintiffs are workers under the Labor Standards Act, the plaintiffs.