1. The plaintiff's claim is dismissed.

2. Litigation costs shall be borne by the plaintiff.

1. The Defendant is a credit information company, and the Plaintiff, from September 5, 199 to March 31, 2002, concluded a delegation agency contract or a delegation contract with the Defendant for a certain period of time from March 31, 2002, and performed the collection of claims distributed from the Defendant’s branch offices.

[Ground of recognition] Unsatisfy, Gap evidence 3, Eul evidence 2-1 to 4, the purport of the whole pleadings

2. The parties' assertion

A. While the Plaintiff alleged that he worked in the Defendant’s branch office B, the Defendant given the Plaintiff the following numbers: (2) during the course of performing his duties, the Defendant complied with the duties, rules, working hours, places, uniforms, etc. set forth by the Defendant; (3) conduct education related to the collection; (4) conduct education related to the collection; (4) notify the audit results on the collection; report on the collection target amount; and (5) direct and supervise the duties

As above, the plaintiff is working as the employee of the defendant.

Since the defendant retired, he is obligated to pay the retirement allowance under the Labor Standards Act to the plaintiff.

B. The plaintiff alleged by the defendant was merely paid fees according to the performance of the collection business performed independently by concluding an agency contract with the defendant, and was under the command and supervision of the defendant, and was not a worker who provided labor in subordinate relations and received the fees.

3. Determination

A. Determination of whether a worker is a worker under the standard law shall be based on whether the form of a contract is an employment contract or a contract for work is in substance, depending on whether an employee provided work in a subordinate relationship with an employer for the purpose of wages at the business or workplace. Whether a dependent relationship exists shall be determined by the employer, subject to rules of employment or service regulations, etc., and the employer shall exercise reasonable direction and supervision during the performance of duties.