1. Of the judgment of the court of first instance, the part against the defendant in excess of the following amount ordered to be paid shall be revoked.

1. The parties' assertion

A. The Plaintiff’s employee, who was employed by the Defendant in debt collection business for the purpose of the Plaintiff’s wage, provided labor under specific direction and supervision of the Defendant, constitutes an employee under the Labor Standards Act.

Meanwhile, since the Defendant intentionally reduced the allocation of claims to the Plaintiff from 2013 to 2013, as a result of the Plaintiff’s failure to conduct collection activities, the collection performance and performance fee of the Plaintiff was reduced rapidly, the Defendant is obligated to pay the retirement allowance of KRW 24,491,321 based on the average wage calculated on the total number of working days of the Plaintiff (=average average wage of KRW 1,472,970 x (1,472,970 x (16/365 on July 16/12)) and the delay damages therefrom.

B. The Defendant concluded a delegation contract for debt collection, which is not an employment contract with the Plaintiff, and did not have any specific direction and supervision over the Plaintiff during the course of performing its duties.

In addition, the plaintiff was not subject to the defendant's rules of employment and service regulations. The plaintiff's remuneration received by the plaintiff is merely a performance fee based on the debt collection performance, and there is no fixed wage or basic wage, so the amount is significant difference depending on the debt collector's type and the period of payment.

The plaintiff did not have been covered by the four-party insurance with the defendant, and the defendant only withheld and paid the business income tax on the plaintiff's fee, etc., so the plaintiff cannot be deemed an employee under the Labor Standards Act.

2. Whether the Plaintiff constitutes a worker under the Labor Standards Act

A. Whether a person is a worker under the relevant legal doctrine ought to be determined in accordance with whether a contract form is an employment contract or a delegation contract, and whether a labor provider provided labor to an employer for the purpose of wages at a workplace.