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(영문) 서울중앙지방법원 2017.06.01 2016가단104515
퇴직금
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The defendant is a company engaged in credit investigation business, debt collection business, etc. with the permission of the Financial Services Commission in accordance with the Use and Protection of Credit Information Act.

(2) On May 28, 2006, the Plaintiff entered into a delegation contract with the Defendant, and on February 28, 2014, the Plaintiff is a debt collector who performed claims management and collection business that the Defendant accepted from the creditors until February 28, 2014.

B. The terms and conditions of the delegation contract concluded on December 26, 2013 by the Plaintiff and the Defendant are as follows.

Article 2 (Status of Delegated Claims Collection Agency) (2) No delegating Claims Collection Agency is a company's employee, and the Labor Standards Act does not apply to a delegating Claims Collection Agency, as well as the rules of employment and all the regulations applicable to company regular employees.

Article 3 (Period and Effect of Contract) (1) The contract term of this contract shall be from January 1, 2014 to June 30, 2014, and if the contract is not renewed before the expiration date of the contract, the contract shall become void.

Article 7 (Obligations of Entrusted Claims collectors) A delegated claims collector shall faithfully perform the following obligations:

2. No confidential information, such as confidential information, customer information, personal credit information on debts-related persons, etc. of the company shall be disclosed, disclosed, or provided to a third party during the delegation period, even after the termination thereof, and shall not be used for any purpose other than this contract;

6. He shall faithfully cooperate in an inspection or investigation conducted by the company in connection with the delegated business, and shall not refuse or interfere with it;

Article 8 (Termination of Contracts) (2) If a delegating debt collector falls under any of the following subparagraphs, the Company may terminate this Agreement:

4. Where it has intentionally or by negligence violated this contract, related Acts and subordinate statutes, regulations, guidelines, ethics norms, internal regulations, procedures and guidelines related to the delegated affairs of the company;

7. Any person.

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