1. The Defendant’s KRW 42,386,191 as well as 6% per annum from April 25, 2015 to October 13, 2016 to the Plaintiff.

1. Basic facts

A. The defendant is a company aimed at credit investigation business and debt collection business.

B. The Plaintiff served as the Defendant’s debt collection source from January 6, 2010 to February 1, 2015.

[Judgment of the court below] The ground for recognition

2. The parties' assertion

A. The plaintiff's assertion constitutes a worker under the Labor Standards Act who provides labor to the defendant who is an employer in a subordinate relationship with the purpose of actual wages, and the defendant is obligated to pay retirement allowances and compensation for delay corresponding to the above service period.

B. The Defendant’s assertion is an independent contractor who has entered into a debt collection delegation contract, which is a contract with the Defendant, and is engaged in debt collection activities under an autonomous judgment using one’s know-how, and is not an employee under the Labor Standards Act.

3. Determination

A. Determination criteria of whether the Plaintiff is a worker under the Labor Standards Act ought to be determined depending on whether the form of a contract is an employment contract or a contract for employment, and whether an employee provided labor in a subordinate relationship with an employer for the purpose of wages in substance. Here, whether a subordinate relationship exists is determined by the employer and whether the employer has a considerable direction and supervision in the course of performing duties under the rules of employment or employment (the application of personnel regulations, etc.), whether the employer is designated working hours and place of work, whether the employer is bound by the employer, whether the employer 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 the employer, and whether the employer has a risk, such as the creation of profits and losses by providing labor, and whether the nature of remuneration is the subject of the work itself, or