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1. The Defendant’s KRW 10,043,040 as well as the Plaintiff’s annual rate of KRW 6% from January 14, 2017 to July 14, 2020, and the following.
Reasons
1. The defendant is a company that performs debt collection, credit investigation, etc.
The Plaintiff entered into a service contract with the Defendant for claims collection business and performed the Defendant's claims management and collection business from September 1, 2009 to December 30, 2016.
[Reasons for Recognition] Unsatisfy, Gap evidence 1-1, Gap evidence 2-1, Gap evidence 3, the purport of the whole pleadings
2. Determination as to the cause of action
A. The summary of the party’s assertion 1) The Plaintiff entered into a contract in the form of service contract with the Defendant, but was actually subordinate to the Defendant, under the direction and supervision of the Defendant, and carried out the Defendant’s claims management and collection business, and thus, constitutes a worker under the Labor Standards Act. Therefore, the Defendant should pay retirement allowances to the Plaintiff.
B. Determination 1) Whether the Plaintiff constitutes 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 the employer for the purpose of wages in substance, rather than whether the contract is an employment contract or a contract for employment.
Whether a dependent relationship exists shall be determined by the employer, subject to the rules of employment or service regulations, etc. of the employer, and shall be subject to considerable direction and supervision in the course of performing the work, whether the employer designates working hours and working places and is bound by the employer, whether the employer is capable of running his/her business on his/her own account, such as holding equipment, raw materials, working tools, etc. or having a third party employ and act on his/her behalf, and whether the employer has any risk, such as creating profits and causing losses, etc. through providing labor.