위임직 채권추심인 근로자성 인정의 법경제학적 분석

Recently, sizeable debate has been progressed whether delegated claims collectors are employees based on labor contract who supply labor or independent business operators based on delegation contracts who perform the contracts. This study analyses overall influences of the case in legal economic standpoint if delegated claims collectors gain recognition as employees; where in reality they act as independent business operators. According to the analysis, the volume of commission among claims collectors ranges wide. In this manner, it could be estimated that the wage spread between delegated claims collectors and general paid-workers differ. Moreover, according to the survey, it has been found out that delegated claims collectors prefer performance- related pay and voluntarily chose to be the delegates because employ- ment rules such as retirement age and disciplinary action don’t apply to them. Thus, it could be said that the delegation contracts widely used are self-motivated choice based on each industrial characteristics. However, if delegated claims collectors gain recognition as employees, not only the direct labor cost but also the legal welfare cost such as retirement allowance, health insurance premium, and employment insurance premium may incur additionally. According to the paper, the annual labor cost should increase by 590 billion won in maximum. In addition, the collection amount and employment of overall economy would both decrease by 6.3 trillion won in maximum and 190 thousand persons respectively due to the deprivation of employment. Also, the rise of insolvent debt may lead to the rise of interest rate, which sequentially would drag down the private investment by 1.5 trillion won. As a result, the economic cost of judging delegated claims collectors as employee is huge. Not only the legal controversial aspects but also the economic harms must be considered when assessing the status of delegated claims collectors.