1. The defendant shall pay to the plaintiff KRW 39,227,261 and interest rate of KRW 20% per annum from January 15, 2020 to the day of complete payment.

1. Basic facts

A. The Defendant is a company engaged in debt collection and credit investigation business with permission from the Financial Services Commission in accordance with the Use and Protection of Credit Information Act (hereinafter “Credit Information Act”).

B. The Plaintiff entered into a delegation agreement with the Defendant (hereinafter “instant delegation agreement”) and is the debt collector who retired while in charge of the management and collection of claims from March 18, 2014 to December 31, 2019.

[Ground of recognition] Facts without dispute, entry of Gap evidence Nos. 1-6 and 3-3, purport of the whole pleadings

2. Summary of the parties’ assertion

A. Although the Plaintiff’s assertion entered into a delegation contract with the Defendant formally, the Plaintiff is an employee under the Labor Standards Act, as it actually provided labor to the Defendant by being subject to considerable direction and supervision from the Defendant in the performance of duties.

Therefore, the defendant is obligated to pay retirement allowances to the plaintiff under the Guarantee of Workers' Retirement Benefits Act.

B. The plaintiff's assertion is an independent business operator who has entered into a delegation contract with the defendant on an equal footing, and is engaged in his/her own business, not an employee under the Labor Standards Act who is subordinate to the defendant for the purpose of wages.

Therefore, the defendant is not obligated to pay retirement allowances to the plaintiff under the Guarantee of Workers' Retirement Benefits Act.

3. Determination as to whether the Plaintiff constitutes a worker under the Labor Standards Act

A. Determination of whether a worker constitutes a worker under the relevant legal doctrine is an employment contract or a contract for work. Determination of whether a worker provided labor in a subordinate relationship with an employer for the purpose of wages in a business or workplace should be made depending on whether the employer provided labor in a subordinate relationship with the employer. Determination of whether a subordinate relationship exists shall be made by the employer and shall be subject to the rules of employment or the rules of service, etc