Text
1. The defendant's money and each of the above mentioned amounts in the "statement of calculation of retirement allowances" attached to the plaintiffs.
Reasons
1. The Defendant, a company established for the purpose of checking the measuring instruments by proxy, etc., was entrusted by the Korea Electric Power Corporation with the inspection of the electric instruments, the collection of charges related thereto, and the electric power business.
The Plaintiffs entered into a delegation contract with the Defendant (hereinafter “instant delegation contract”) on the first day of each service period indicated in the “retirement Allowance Calculation Table” and were commissioned as an “ranking officer” and dismissed on the last day of each service period.
[Ground of recognition] Facts without dispute, Eul's entry in the evidence 1-1 to 18, the purport of the whole pleadings
2. The parties' assertion
A. The plaintiffs were employed by the defendant in the form of delegation contract, but they were provided labor to the defendant in the employment-subsidiary relationship, such as performing duties under specific direction and supervision by the defendant, and therefore constitutes workers under the Labor Standards Act.
Therefore, the defendant is obligated to pay retirement allowances under Article 34 of the Labor Standards Act and relevant statutes to the plaintiffs.
B. Each contract entered into between the Plaintiffs and the Defendant is not a labor contract, but a delegation contract entered into between the Plaintiffs and the Defendant. The Defendant does not have any fact that the Plaintiffs directed and supervised specific business affairs to the Plaintiffs, and the Plaintiffs received only fees based on performance without basic pay or fixed pay, the Plaintiffs paid business income tax which is not the labor income tax, but did not have been covered by the social insurance, such as employment insurance, and it was possible for the Plaintiffs to have a third party act on behalf of them. In light of the above,
3. Determination
A. Facts of recognition 1) The contents of the delegation contract of this case between the Plaintiffs and the Defendant are as follows. [Delegation Contract] Article 1 (General Provisions) Defendant (hereinafter “A”) and the Plaintiffs (hereinafter “B”) of the delegation contract of this case are the guidelines for management of contractual documents and delegations as to the service contract stipulated in the delegation contract of this case.