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1. The defendant shall pay to the plaintiffs each money stated in the "retirement Allowance Calculation Schedule" and each of the above amounts.
Reasons
1. The Defendant, based on the facts, was entrusted by the Korea Electric Power Corporation with the purpose of checking electric meters, collecting charges, and cutting off electric meters by proxy, checking measuring instruments, etc., and was entrusted by the Korea Electric Power Corporation. The Plaintiffs concluded an entrustment contract with the Defendant Company (hereinafter “instant entrustment contract”) on the first day of each service period of “Retirement Allowance Calculation Table” and commissioned as the consigned. The Defendant was dismissed on the last day of each service period.
[Ground of recognition] The fact that there is no dispute, Eul 34, and the purport of the whole pleading (the first day of service period of plaintiff A is October 1, 2004, but it is difficult to believe that the statement of Gap 22-2, which corresponds to it, is difficult to believe)
2. The parties' assertion
A. Although the form of contract is a commission contract, the plaintiffs provided labor to the defendant in subordinate relationship for the purpose of wages, the defendant is obligated to pay retirement allowances to the plaintiffs under the Labor Standards Act.
B. The Plaintiffs are individuals who entered into an entrustment contract with the Defendant and did not provide labor to the Defendant in a subordinate relationship with the Defendant, and thus do not constitute workers under the Labor Standards Act.
Therefore, the defendant is not obliged to pay the retirement payment to the plaintiffs.
3. Determination as to whether the plaintiffs are workers under the Labor Standards Act
A. 1) The main contents of the instant consignment contract concluded between the Plaintiffs and the Defendant Company are as follows. Article 1 (General Provisions) and the Plaintiffs (B) shall implement the consignment contract on the basis of the principle of good faith and sincerity as stipulated in the contract documents and the consignment management guidelines. Article 2 (Examination of the scope of service, delivery of written request, automatic transfer receipt, automatic transfer receipt, work related to confirmation of the number of households per house and the termination of payment of the fee in arrears, TV resource room, and related incidental work.