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1. The defendant,
A. From December 16, 2014, Plaintiff A 30,984,677 and its related thereto
B. Plaintiff B: KRW 7,055,531.
Reasons
1. The following facts do not conflict between the Parties:
Defendant Company is a corporation that runs debt collection and credit investigation business.
B. From March 2, 2005, Plaintiff A entered into a delegation agreement with each Defendant Company on claims collection business on a six-month basis from July 12, 2010, and Plaintiff B retired from office on December 1, 2014; and Plaintiff B retired from office on December 2, 2013.
2. The parties' assertion
A. Although regardless of the form of the plaintiffs' assertion contract, the plaintiffs in substance provided their labor for the purpose of wages, the defendant company is obligated to pay 30,984,677 won as statutory retirement allowance, and 7,055,531 won to the plaintiffs A, and 20% interest in arrears per annum as stipulated in the Labor Standards Act from the 14th day after each retirement date.
B. The plaintiffs asserted by the defendant company are merely engaged in the delegated affairs under the delegation contract with the defendant company, and they do not constitute workers since they did not receive direction and supervision from the defendant company.
3. Determination
A. Determination of whether a labor provider constitutes a worker under the Labor Standards Act shall be based on whether the form of a contract is an employment contract or an employment contract, and in substance, whether a labor provider provided labor to an employer for the purpose of wages in the business or workplace. Whether a labor relationship is subordinate to the business should be determined by the employer, and whether the employer conducts considerable direction and supervision during the performance of duties under the rules of employment or employment regulations, etc. of the employer, whether the employer designates working hours and working place, whether the employer is bound by the employer, whether the labor provider owns equipment, raw materials, working tools, etc., or has a third party employ and act on behalf of the employer.