1. The defendant stated the "legal retirement allowance" in the annexed retirement allowance calculation sheet to the plaintiffs in the corresponding money and each of the above money.

Basic Facts

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

The Plaintiffs enter into an entrustment contract for debt collection (hereinafter “instant entrustment contract”) with the Defendant on each corresponding date in the attached retirement allowance calculation table, and the Defendant’s performance of debt management and collection business delegated by the creditors, and the Defendant’s completion of the above collection business on each corresponding date as stated in the “the last day of the service period.”

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 3 (including branch numbers if a branch number exists; hereinafter the same shall apply) and the purport of the whole pleadings, the plaintiffs, who concluded a delegation contract formally with the defendant, but actually provided labor to the defendant, such as under considerable direction and supervision from the defendant in performing their duties, constitutes workers as prescribed by the Labor Standards Act.

Therefore, the defendant is obligated to pay retirement allowances under the Guarantee of Workers' Retirement Benefits Act to the plaintiffs.

The Plaintiffs are independent entrepreneurs who have entered into a delegation contract with the Defendant on an equal footing, and are engaged in their own business, and they are not workers under the Labor Standards Act under which they are directed and supervised by the Defendant for the purpose of wages

The determination of whether the Plaintiffs are workers under the relevant legal principles as to whether they are workers under the Labor Standards Act should be made based on whether the form of contract is an employment contract or a delegation contract is an employment contract, and whether the substance of the labor provision relationship is a subordinate relationship with an employer for the purpose of wages at a workplace.

Here, whether or not a subordinate relationship is determined by the employer and is subject to the rules of employment or service.