1. The defendant shall pay to the plaintiffs each corresponding amount of money and each corresponding amount of money in the separate sheet for calculation of retirement allowances.

1. Basic facts

A. The defendant is a corporation engaged in claims collection business with permission from the Financial Supervisory Commission for claims collection business and credit investigation business under Article 4 of the Use and Protection of Credit Information Act.

B. After concluding a contract to commission debt collection with the Defendant, the Plaintiffs engaged in the debt collection business as a debt collector belonging to the Defendant’s Jeju Branch during the pertinent period indicated in the “period of service” in the attached Table (hereinafter “attached Table”).

[Ground of recognition] Facts without dispute, Gap evidence 1 to 4, Gap evidence 3, Eul evidence 1 to 5, the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiffs concluded a contract for debt collection commission with the Defendant and subsequently decided to be a debt collector belonging to the Defendant, but, in substance, constitutes workers under the Labor Standards Act who conduct claims collection business for the purpose of wages in the subordinate relationship with the Defendant.

Therefore, the defendant 1-B against the plaintiffs.

A person shall be liable to pay retirement allowances and damages for delay based on the period of service stated in paragraph (1).

B. The Plaintiffs are business income earners who entered into a delegation contract with the Defendant and received performance fees according to their performance of delegated duties, not employees under the Labor Standards Act, and there is no fact that the Defendant directed and supervised specific duties in the course of collecting the Plaintiff’s debt. Therefore, the Plaintiffs’ claim cannot be accepted.

3. Determination

A. Whether the Plaintiffs are workers under the relevant legal doctrine as to whether they are workers under the Labor Standards Act should be determined according to whether they actually provided labor to the employer for the purpose of wages irrespective of the form of the relevant contract.

Whether the employer is subordinate to the work is determined, ① whether the employer determines the content of the work, and ② the rules of employment or the rules of employment of the work provider.