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(영문) 서울중앙지방법원 2016.10.27 2015가단5354059
퇴직금 청구의 소
Text

1. The defendant stated each of the legal retirement allowances stated in the separate retirement allowance calculation sheet to the plaintiffs, and as to each of them.

Reasons

1. The facts below the basis facts do not conflict between the parties, or may be acknowledged by taking account of the whole purport of the pleadings in each entry in Gap evidence of Nos. 1 to 3 (including branch numbers; hereinafter the same shall apply) and Eul evidence of No. 1 to 6.

The defendant is a company engaged in credit investigation business, debt collection business, etc. with a credit information business license under the Credit Information Use and Protection Act (hereinafter referred to as the "Credit Information Act") from the Financial Services Commission on November 26, 199.

B. The Plaintiffs entered into a delegation agreement on debt collection (hereinafter “instant delegation agreement”) with the Defendant on the first day of each service period indicated in the separate sheet for calculation of retirement allowances. During the above service period, the Plaintiffs retired at the end of the above service period, while taking charge of the Defendant’s debt collection business delegated by the creditors.

2. The plaintiffs asserted that although the formal title of a contract is a delegation contract, the plaintiffs provided labor to the defendant in a subordinate relationship with the purpose of wages, the defendant is obligated to pay the amount of money claimed to the plaintiffs as retirement allowances under the Labor Standards Act.

In this regard, the defendant asserts that the defendant does not have any obligation to pay retirement allowances, as the mandatory agent who entered into and performed the debt collection delegation contract with the defendant, and as the worker who provided his work under the defendant's direction and supervision in a subordinate relationship.

3. Determination

A. Determination of whether a worker is a worker under the Labor Standards Act shall be based on whether the form of a contract is an employment contract or a delegation contract is in substance, depending on whether a worker provided labor to an employer for the purpose of wages in a business or workplace. Here, whether a subordinate relationship exists shall be determined.

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