1. The defendant,

A. From February 15, 2011, Plaintiff A 1,997,596 and its related thereto:

B. Plaintiff B:25,851,562.

1. Basic facts

A. The Defendant is a company that engages in credit investigation business, debt collection business, etc. with a credit information business license under the Credit Information Use and Protection Act (hereinafter “Credit Information Act”).

B. The Plaintiffs entered into a business delegation agreement with the Defendant (hereinafter “instant business delegation agreement”). From March 31, 2006 to January 31, 201, Plaintiff A, from November 17, 2006 to May 31, 201, Plaintiff B, and Plaintiff C, from July 24, 2006 to September 30, 201, were in charge of the collection of claims accepted by each Defendant from the creditors.

[Ground of recognition] Facts without dispute, Gap evidence 1-3, Gap evidence 2-2, the purport of the whole pleadings

2. The parties' assertion

A. The plaintiffs asserted that they provided labor after concluding the instant delegation contract with the defendant, and the actual contents thereof constitute workers who provided labor to the defendant in subordinate relationship with the defendant for the purpose of wages, and thus, the defendant is obligated to pay retirement allowances under the Guarantee of Workers' Retirement Benefits Act to the plaintiffs.

B. The defendant's alleged plaintiffs are merely business income earners who received performance fees according to the collection performance, and the defendant did not direct and supervise specific business during the collection process of the plaintiffs' claims. Thus, the plaintiffs do not constitute workers under the Labor Standards

3. Determination

A. Whether a person constitutes a worker under the Labor Standards Act (1) shall be determined depending on whether the form of a contract is an employment contract or a contract for employment, and in substance, whether an employee provided labor in a subordinate relationship with an employer for the purpose of wages in the business or workplace. Here, whether a subordinate relationship exists shall be determined by the employer’s contents of work and shall be subject to the rules of employment or labor regulations, etc.