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1. The defendant shall pay the plaintiffs the amount stated in the corresponding column of the retirement allowance calculation sheet in the annexed sheet and each of the above.
Reasons
1. Facts of recognition;
A. From January 1, 2011 to December 31, 2013, the Defendant was entrusted by the Korea Electric Power Corporation (hereinafter “Korea Electric Power Corporation”) with the duties of checking electric measuring instruments, such as Gyeongnam-do, Si, Si, Si, Masung-gun, etc., the delivery of a charge-related invoice, etc., the suspension and resupply of the overdue customers.
B. The Plaintiffs are entrusted by the Defendant from the Korean power around the day on which the entry date in the attached retirement allowance calculation list was entered.
The delegation contract, which is partially re-entrusted, was concluded, and the service of electric measuring instruments, charge-related bills, etc. was withdrawn due to the termination of the delegation contract on the date of withdrawal of the attached retirement allowance calculation sheet.
[Ground of recognition] The fact that there is no dispute, Eul's statement of No. 1, and the purport of whole pleading
2. The parties' assertion and judgment
A. The gist of the parties' assertion 1) The plaintiffs asserted that as long as they provided labor in a subordinate relationship under specific direction and supervision by the defendant, they constitute workers under the Labor Standards Act, the defendant is obligated to pay retirement allowances to the plaintiffs under the Labor Standards Act and relevant Acts and subordinate statutes. 2) The defendant entered into a delegation contract with the plaintiffs, and therefore, the plaintiffs are not workers to whom the Labor Standards Act applies.
B. 1) Determination of whether a person is a worker under the relevant legal doctrine should be made based on whether a labor provider provided labor to an employer for the purpose of wages in substance rather than whether a contract is an employment contract or a contract for employment.
Here, whether or not a subordinate relationship is determined by the employer and is subject to the rules of employment or service regulations, and the employer is in the course of performing duties.