1. The Defendant’s KRW 43,049,92 as well as the Plaintiff’s KRW 5% per annum from June 30, 2015 to June 16, 2016.

1. Basic facts

A. The Defendant is a company running credit investigation business, debt collection business, etc. with a license for credit information business under the Use and Protection of Credit Information Act from the Financial Services Commission.

B. The Plaintiff entered into a contract with the Defendant from July 1, 2001 to March 31, 2014 and takes charge of collecting claims.

The retirement was withdrawn.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, and 5 (including paper numbers; hereinafter the same shall apply), the purport of the whole pleadings

2. Assertion and determination

A. The Plaintiff’s assertion 1) Although the Plaintiff concluded a delegation contract with the Defendant for the work of collecting claims, the Plaintiff constitutes a worker who provided labor in a subordinate relationship with the Defendant for the purpose of actual wages in performing his/her duties under specific direction and supervision, and thus, the Defendant is obligated to pay retirement allowances under the Guarantee of Workers’ Retirement Benefits Act to the Plaintiff. 2) The Defendant’s assertion as business income who received performance fees according to the collection performance, and the Defendant did not have given specific direction and supervision as to the Plaintiff’s work, such as managing the Plaintiff’s root or issuing business instructions related

B. Determination of whether a person constitutes a worker under the relevant legal doctrine ought to be determined based on whether a contract form is an employment contract or a delegation contract is an employment contract, and whether a labor provider provided labor in a subordinate relationship to an employer for the purpose of wages at a business or workplace.

Here, whether or not an employer has a subordinate relationship is determined by the rules of employment or service regulations, and whether or not an employer has a reasonable command and supervision during the performance of duties, whether or not an employer designates working hours and working places and is detained by an employer.