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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Facts of recognition;
A. The Defendant: (a) concluded a purchase transaction agreement with a department store stating that the company operating a superstore, such as a department store, and the Defendant supplied products manufactured by the company to the above superstore, and the company will pay the remaining sales proceeds after deducting a certain amount of fees, to the Defendant.
On the other hand, the Defendant agreed to dispatch the manpower to sell in each superstore.
B. Accordingly, the Plaintiff entered into a sales agency contract with the Defendant, and thereafter, from March 2, 2007 to March 21, 2016, the Plaintiff was in charge of the sales of the Defendant’s products at the Defendant’s B and C points.
C. The content of the sales agency contract concluded between the Plaintiff and the Defendant is as shown in the attached Form, and if the fees are changed through consultation between both parties, the contract was prepared again.
[Reasons for Recognition: Facts without dispute, Gap 1 through 4, each entry in Eul 1 through 8, and the purport of the whole pleadings]
2. The gist of the Plaintiff’s assertion is that the Plaintiff entered into a sales agency contract with the Defendant, and accordingly took charge of sales at the store in a superstore designated by the Defendant. Considering all circumstances, it is reasonable to view that the substance of the contract constitutes a worker who provided labor to the Defendant in a subordinate relationship for the purpose of wages
Therefore, the defendant is obligated to pay retirement allowances stated in the purport of the claim to the plaintiff.
3. Determination
A. Whether a person is a worker under the relevant legal doctrine ought to be determined depending on whether the form of a contract is an employment contract or a delegation contract is an employment contract, and whether the substance of a labor provision relationship is a subordinate relationship to an employer for the purpose of wages at a business or workplace.
Here, whether or not a subordinate relationship is determined by the employer and the rules of employment or employment.