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1. The Defendant: (a) KRW 27,575,479 for Plaintiff A and its related costs from July 15, 2016 to Plaintiff B; and (b) KRW 8,104,210 for Plaintiff B.
Reasons
1. Under the Act on the Use and Protection of Credit Information, the Defendant is a company operating debt collection and credit investigation business with the permission of the Financial Services Commission. The fact that the Plaintiffs concluded a delegation agreement with the Defendant and that the Plaintiffs were in charge of asset investigation and credit investigation for the same period as the following table is no dispute between the parties.
Plaintiff
A Service period of November 10, 2004 to June 30, 2016, B from January 4, 2013 to June 30, 2016, C from January 3, 2011 to June 31, 2016, D from November 2, 2006 to June 30, 2016, E from January 28, 2011 to June 30, 2016, from June 22, 2011 to June 30, 2016, the Defendant’s obligation to pay a retirement allowance arises.
A. The gist of the Plaintiffs’ assertion is that the Plaintiffs entered the Defendant in the form of a delegation contract, but provided labor to the Defendant as subordinate to the Defendant, such as being subject to considerable direction and supervision from the Defendant in performing their duties.
Therefore, the defendant is obligated to pay retirement allowances under the Guarantee of Workers' Retirement Benefits Act to the plaintiffs.
B. Whether the Plaintiffs are workers under the Labor Standards Act should be determined depending on whether the form of a contract is an employment contract or a delegation contract, and whether the substance of a labor provision relationship is a subordinate relationship with an employer for the purpose of wages at a workplace.
In this context, whether an employer has a subordinate relationship or not, under the rules of employment or service regulations, the employer is subject to considerable direction and supervision during the performance of duties, whether an employer designates working hours and working places and is detained by an employer, whether an employee is capable of operating his/her business on his/her own account, such as possessing equipment, raw materials, working tools, etc. or having a third party employ and act on behalf of him/her, and the occurrence of profits and losses through the provision of labor.