1. The defendant stated to the plaintiffs the "legal retirement allowance calculation sheet" in attached Form 1 as "retirement allowance calculation sheet" and the corresponding money.

1. Under the Credit Information Use and Protection Act (hereinafter “Credit Information Act”), the Plaintiffs shall enter into a delegation contract with the Defendant who is engaged in debt collection and credit investigation business with permission from the Financial Services Commission (hereinafter “each delegation contract of this case”), and the “period of service” in the attached Table 1 “Retirement Allowance Calculation Table” shall be the debt collection officers who performed the Defendant’s debt management and debt collection business at the desired mother Team or the National Dental Fund Team to which the Defendant belongs for each period specified.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, 3, and 6 (including each number, if any; hereinafter the same shall apply), the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiffs asserted that they concluded a delegation contract with the Defendant formally, but in substance, they were subordinate to the Defendant and provided labor, such as receiving considerable direction and supervision from the Defendant in performing their duties. Therefore, they constitute 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.

B. The Defendant’s assertion is an independent business operator who entered into a delegation contract with the Defendant on an equal footing, and is merely engaged in his/her own business, and is not an employee under the Labor Standards Act under which the Defendant is directed and supervised by the Defendant

Therefore, the defendant is not obliged to pay retirement allowances under the Guarantee of Workers' Retirement Benefits Act to the plaintiffs.

3. Determination

A. Whether the Plaintiffs are workers under the relevant legal doctrine as to whether the Plaintiffs are workers under the Labor Standards Act shall be determined based 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 an employer for the purpose of wages in substance. Here, subordinate relationship is determined.