1. The Defendant: (a) each amount entered in the retirement allowance calculation sheet in the annexed retirement allowance calculation sheet to the Plaintiffs; and (b) from August 15, 2012 to August 2015.

1. The Defendant, a company established for the purpose of inspection agency business, etc., was entrusted by the Korea Electric Power Corporation (hereinafter “Korea Electric Power Corporation”) with the service of electric meter inspection, service of a written claim, etc. related to the charges, and termination, execution, resupply, etc. for the customers in arrears of electric charges.

The Plaintiffs were dismissed on the last day of each service period, after concluding a delegation contract with the Defendant on the first day of each service period indicated in the separate sheet of calculation of retirement allowances.

[Reasons for Recognition] Facts without dispute, Eul evidence Nos. 1, 2, 4 through 11, 13, and the purport of the whole pleadings

2. The parties' assertion

A. Although the plaintiffs joined the defendant in the form of delegation contract, they provided the defendant with labor in the employment-subsidiary relationship, such as performing their duties under specific command and supervision by the defendant.

Therefore, the Plaintiffs constitute workers under the Labor Standards Act, and the Defendant is obligated to pay retirement allowances to the Plaintiffs under the Labor Standards Act and relevant statutes.

B. The Defendant Plaintiffs cannot be deemed as “worker” subject to the application of the Labor Standards Act as those who concluded a delegation contract with the Defendant.

3. Determination

A. Whether a person is a worker under the relevant legal doctrine ought to be determined depending on whether a labor provider provided labor to an employer for the purpose of wages in substance rather than whether a contract is an employment contract or a contract for employment.

In this context, whether or not an employer has a subordinate relationship is determined by the contents of business, and whether or not an employer has considerable command and supervision during the performance of duties, whether or not an employer is designated as working hours and working place, and a labor provider is bound by the employer.