1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the money ordered to be paid below shall be revoked.

1. Basic facts

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

B. The Plaintiff entered into a service contract with the Defendant for claims collection business (hereinafter “instant service contract”), and retired from office as the Defendant’s claims collection source from January 2, 2009 to July 31, 2011.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1, purport of whole pleadings

2. The assertion and judgment

A. The Plaintiff’s assertion 1) Notwithstanding the form and title of the instant service agreement, the Plaintiff is an employee under the Labor Standards Act, who is substantially subordinate to the Defendant, and thus, the Defendant is obligated to pay retirement allowances pursuant to the Guarantee of Workers’ Retirement Benefits Act to the Plaintiff. 2) In light of the Defendant’s assertion type of the instant service agreement or the Plaintiff’s actual business type, the Plaintiff is merely an individual business entity that 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.

B. Determination as to whether the Plaintiff is a worker under the Labor Standards Act shall be made based on whether the form of a contract is an employment contract or a contract for employment, and in substance, whether an employee provided labor in a subordinate relationship with an employer for the purpose of wages in the business or workplace. The issue of whether a dependent relationship here exists shall be determined by the employer’s contents of work, and whether the employer has considerable direction and supervision in the course of performing work under the rules of employment or service (which is governed by the personnel regulations, etc., the employer designates working hours and working place, whether the employee is detained, and the employer is provided with equipment, raw materials