1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

1. Facts of recognition;

A. The Defendant is a company that manufactures and sells clothes and equipment, and leather products, and engages in export and import business with “E”, “F”, “G” brand.

B. The Plaintiffs entered into a sales agency service contract with the Defendant to sell the Defendant’s goods at the designated stores in the department store, manage their inventory, and as a result, receive a certain percentage of consignment commission fees from the Defendant on sales performance (hereinafter “instant contract”).

The term of contract and the store of the plaintiffs shall be as follows:

Plaintiff

A working period brand A from January 1, 201 to June 9, 2016, H department store head office E B B B from January 1, 2011 to January 24, 2017, the I department store J C from March 4, 2011 to July 24, 201, the fact that there is no dispute over the main office L GF of the K department store on October 8, 2014 to July 2, 2014, from October 8, 2014 to February 10, 2017, the fact that there is no dispute about the ground for recognition, Gap evidence 1, Eul evidence 1 through 3 (including a serial number, if any; hereinafter the same shall apply), and the purport of all pleadings, as a whole.

2. The plaintiffs' assertion and judgment

A. The gist of the Plaintiffs’ assertion concluded the instant contract with the Defendant, and accordingly, took charge of sales at the store in the department store designated by the Defendant. Notwithstanding the form of the instant contract, the substance of the contract ought to be deemed to provide the Defendant with labor in subordinate relationship for the purpose of wages.

Therefore, the defendant is obligated to pay retirement allowances stated in the purport of the claim under the Guarantee of Workers' Retirement Benefits Act to the plaintiffs.

B. (1) Determination of whether a person is a worker under the Labor Standards Act ought to be made depending on 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 in a business or workplace.

Here, whether or not a subordinate relationship is determined by the employer and the rules of employment or service regulations.