1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the subsequent order of payment shall be revoked.

The defendant.

Basic Facts

The defendant is a corporation established for the purpose of debt collection, credit investigation, etc. with permission from the Financial Services Commission in accordance with the Use and Protection of Credit Information Act.

On January 1, 2009, the Plaintiff entered into a delegation agreement with the Defendant with the terms of the contract for six months, and the contract was renewed each time the contract term expires, and retired from office as the Defendant’s debt collection source at the Defendant’s branch office up to June 30, 2013.

[Ground of recognition] A. 2, E. 1, and Plaintiff’s assertion of the purport of the entire argument as to the parties concerned, notwithstanding the form or title of the contract of this case, the Plaintiff provided labor to the Defendant as an employee under the Labor Standards Act, regardless of the form or title of the contract.

The defendant is obligated to pay retirement allowances under the Guarantee of Workers' Retirement Benefits Act to the plaintiff.

In light of the form of the instant contract or the actual duties of the Plaintiff, the Plaintiff is merely an individual entrepreneur who performs claims collection business delegated by the Defendant and receives fees according to its performance, and is not an employee under the Labor Standards Act.

The service contract that the Defendant concluded with the debt collection center including the Plaintiff was an employee under the Labor Standards Act until 2010 included the following contents.

(1) The claims collector shall take charge of claims collection business and other incidental services thereto designated by the defendant.

(2) In relation to a service contract, the defendant shall bear telephone charges, expenses incurred in sending ordinary postal items, expenses incurred in issuing certificates related to property investigation, and other expenses recognized and notified by the defendant to the claims collector.

(3) Where a debt collector fails to cooperate in the management policies of a company, such as civil petitions, or his/her working attitude is poor, if the debt collector falls under the lowest 10% on two consecutive occasions in the evaluation of performance and non-performance monthly business, the debt collector shall manage claims, such as lack of business performance capabilities.