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(영문) 서울고등법원 2018.01.31 2017나2041048
퇴직금 청구소송
Text

1. Of the judgment of the court of first instance, the part against the plaintiffs falling under the following order of payment shall be revoked.

The defendant.

Reasons

Basic Facts

A. The relationship between the parties 1) The defendant company divided by the Age Holdings (formerly, Korea Credit Information Company) (formerly, referring to the defendant company without asking for the change of the trade name, credit information company, division or trade name before the change).

The Credit Information Use and Protection Act (hereinafter referred to as the “Credit Information Act”)

(2) The Plaintiffs are serving as a debt collection officer in the Defendant Company from the pertinent date indicated in the “retirement Allowance Calculation Schedule” to the “Retirement Allowance Calculation Table” to the relevant date to the relevant date indicated in the “Retirement Date.”

The retirement was made.

B. Article 2 (Status of Delegated Claims collectors) of the conclusion of the delegation contract of this case as an independent business entity shall perform the duties delegated by the Company under this contract as an independent business entity.

The delegated debt collector is not a company's employee, and the Labor Standards Act does not apply to delegated debt collectors, nor does the rules of employment and all the regulations applicable to regular employees of the company apply.

Article 4 (Delegation) Business affairs to be delegated by a company to a delegated debt collector shall be as follows:

2. Recovery of and demand for repayment of claims, and consultation for collection of claims (matters to be observed by a delegating debt collector) delegated debt collectors shall fulfill each of the following obligations in good faith:

1. In performing delegated duties, all relevant Acts and subordinate statutes, guidelines, ethics norms, best practices, and procedures related to delegated duties, such as the Credit Information Company Act, the Fair Debt Collection Practices Act, credit information business supervision regulations, shall be complied with;

4. No forms necessary for performing delegated affairs shall be produced or used without prior approval of the company;

11. To ensure that matters to be observed under a delegation contract are observed, such as compliance with all relevant Acts and subordinate statutes, and disputes, including lawsuits and civil petitions, due to non-compliance with such matters;

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