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(영문) 서울남부지방법원 2019.04.19 2018가합106952
퇴직금
Text

1. The Defendant’s KRW 33,234,146 as well as 5% per annum from March 22, 2018 to April 19, 2019 to the Plaintiff.

Reasons

1. Basic facts

A. The defendant is a company engaged in debt collection and credit investigation with the permission of the Financial Services Commission in accordance with the Use and Protection of Credit Information Act.

B. On July 18, 2006, the Plaintiff entered into a contract with the Defendant for debt collection delegation business, and thereafter, the Defendant went back on March 7, 2018 while taking charge of managing and collecting claims that the Defendant accepted from creditors.

[Ground of recognition] Unsatisfy, Gap evidence 1-12, the purport of the whole pleadings

2. Determination on a retirement allowance claim

A. Whether the Plaintiff constitutes a worker under the Labor Standards Act ought to be determined based on whether an employer provided labor in a subordinate relationship with an employer for the purpose of wages in substance, rather than in a contract form. Whether a dependent relationship here exists should be determined by comprehensively taking account of the following: (a) whether the employer determined the work hours and place; (b) whether the employer is designated as a work hours and place; (c) whether the employer is bound by the employer; (d) whether the employer was able to operate the business on its own account; (e) whether the employer was able to own equipment, raw materials, work tools; (e) whether the employer was able to own equipment, work tools; and (e) whether the risks such as the creation of profits and losses through the provision of labor; (e) whether the nature of remuneration was the subject of labor; (e) whether the basic wage or fixed wage was determined; and (e) whether the continuous relationship of provision of labor and the existence and degree of exclusive affiliation to the employer; and (e) economic and social conditions such as whether the status of an employee was recognized under the social security system.

(b).

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