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1. All of the plaintiffs' claims are dismissed.
2. The costs of lawsuit are assessed against the plaintiffs.
Reasons
1. Basic facts
A. The Defendant is a company entrusted by the Korea Electric Power Corporation (hereinafter “Korea Electric Power Corporation”) with the business of checking electric measuring instruments, the service of electric utility bills, etc., the termination of the electric utility charges, the re-supply of the overdue customers, etc.
B. The Plaintiffs concluded an entrustment contract with the Defendant (hereinafter “instant entrustment contract”) on each of the pertinent days stated in the attached claim amount table in attached Form 2, and was commissioned as the main agent, and performed inspection, delivery, etc.
C. The remaining Plaintiffs, except Plaintiff B, C, and D, were converted to full-time workers on each pertinent day indicated in the “date of full-time conversion” table of claim amount in annexed sheet No. 2, and worked in the Defendant. The Plaintiffs B, C, and D did not convert to full-time workers and performed inspections, delivery, etc. according to the instant consignment contract without converting them into full-time workers.
The Plaintiffs retired from the Defendant on July 31, 201.
[Ground of recognition] The fact that there has been no dispute, Gap No. 32 (including each number; hereinafter the same shall apply), Eul evidence No. 1 and 3, and the purport of the whole pleadings
2. A claim for retirement allowances;
A. 1) The plaintiffs' assertion 1) The plaintiffs joined the defendant in the form of a consignment contract, but their substance constitutes workers under the Labor Standards Act who provide labor to the defendant in subordinate relationship for the purpose of wages. Thus, the defendant is entitled to the Guarantee of Workers' Retirement Benefits Act (hereinafter "Retirement Benefits Act").
(2) In light of the contents of the consignment contract concluded between the Plaintiffs and the Defendant and the autonomous nature of the Plaintiffs’ performance of their duties, the Plaintiffs at the time when they were to work as the Defendant’s consignment relationship are subordinate to the Defendant.