1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

1. The parties' assertion

A. The Plaintiff’s cause of the Plaintiff’s claim entered into a contract with the Defendant in the form of delegation while serving as the Defendant’s debt collection source. However, in performing its duties, the Plaintiff’s work was provided to the Defendant in a subordinate relationship, such as being directed and supervised by the Defendant.

Therefore, the defendant is obligated to pay the retirement allowance under the Labor Standards Act to the plaintiff.

B. The Defendant’s assertion (1) delegated the Plaintiff’s debt collection business, and the Plaintiff’s independent judgment without the Defendant’s involvement in the work hours, places, and methods, and only paid fees based on the collection of claims regardless of the scope of the work performed or the time of the work performed. Thus, the Plaintiff does not constitute an employee as prescribed by the Labor Standards Act.

(2) The Plaintiff entered into a delegation contract with the Defendant to receive high service convenience and high service fees, and paid monthly low service income tax compared to the wage and salary income tax, and the Defendant also set up all management plans and calculated fee rates on the premise that the Plaintiff entered into a delegation contract with the Plaintiff. In such circumstances, it is against the principle of good faith to claim retirement allowances on the part of the Plaintiff.

2. The following facts do not conflict between the parties, or may be found in full view of the whole purport of the pleading in Gap evidence Nos. 1 to 48, Eul evidence Nos. 1 and 2 (including paper numbers):

The contractual relationship between the Plaintiff and the Defendant (1) is a company engaged in debt collection and credit investigation, and the Plaintiff concluded a delegation contract with the Defendant and took charge of the Defendant’s debt collection business from August 1, 2008 to May 31, 2012.

(2) The delegation contract entered into between the Plaintiff and the Defendant is not allowed to engage in the business of claims collection agency other than the Defendant.