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(영문) 서울남부지방법원 2015.08.21 2014가합5686
퇴직금
Text

1. The defendant shall set out each of the amounts stated in the "legal retirement allowance" in the attached Table 2 list to the plaintiffs and the same list.

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 service contract with the Defendant for claims collection business (hereinafter “instant service contract”) and retired from office as the Defendant’s debt collector at several points under the Defendant’s jurisdiction during the period indicated in the “period of service” set forth in the attached Table 2.

[Reasons for Recognition] Facts without dispute, Gap evidence 1, Eul evidence 40 (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 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. Whether a worker is a worker under the relevant legal doctrine should be determined depending on whether a contract form is an employment contract or a contract for work in substance, and whether an employee provided work in a subordinate relationship with an employer for the purpose of wages at a business or a workplace. Whether a dependent relationship here exists shall be determined by the employer, subject to the rules of employment or service regulations, and shall be subject to reasonable direction and supervision by the employer in the course of performing the work.

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