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(영문) 서울동부지방법원 2015.11.13 2015나21112
퇴직금
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. Basic facts

A. The Credit Information Use and Protection Act (hereinafter “Credit Information Act”) applies to the instant contract and the delegation management provision (1)

) Upon obtaining permission from the Financial Services Commission pursuant to the Act, the company is engaged in debt collection and credit investigation. The Plaintiff prepared a delegation contract on February 1, 2008 between the Defendant and then took charge of debt management and collection until September 30, 201.

(2) The main contents of the delegation agreement and the delegation employment regulations that apply under the delegation agreement are as follows:

Delegation Contract refers to claims collection and credit investigation, claims collection and credit investigation, claims collection and other affairs incidental thereto, which are delegated by Article 1 (Delegated Affairs) A to B (Defendant) of the Delegation Contract.

Article 6 (Support for Activities) A may provide support pursuant to Chapter IV (Articles 12 through 14) of the Regulations on the Operation of Delegation Services.

Article 7 (Types of Fees), the standards for payment, and the date of payment shall be determined separately.

Article 8 (Termination of Contract) (1) When grounds for termination prescribed by the delegation operation regulations of A occur during the contract period, the contract shall be terminated.

Article 9 (Exemption from Definition of Status, Rules of Employment, etc.) B is a free occupation worker who performs the affairs delegated by A and receives the prescribed fees according to his/her work performance, and confirms that it is a delegation contract under Article 680 of the Civil Act, not an employment contract, and the rules of employment, etc. other than

Article 5 (Qualification for Delegated Position) (1) of the Regulations on the Management of Delegated Positions (Qualification for Delegated Position) A person who is a national of at least 20 years of age, shall be a person who has completed military service under the Military Service Act.

(2) No person who falls under any of the following subparagraphs shall be eligible for delegation:

1. A person declared bankrupt and not yet reinstated;

3. A person under a suspended sentence of imprisonment without prison labor or heavier punishment;

5. Dismissals or removals in accordance with the Credit Information Act or other statutes;

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