2. The costs of appeal shall be borne by the Defendant.

The plaintiff confirms that it is the worker status of the Korea Post affiliated with the defendant. The defendant pays 10,000 won to the plaintiffs.

【Purpose of Appeal】

The judgment of the first instance is revoked, and all the plaintiffs' claims are dismissed.

A. The Defendant established Korea Post under the jurisdiction of the Ministry of Science, ICT and Future Planning in order to engage in postal services, such as postal services, home delivery, finance, and shopping. Korea Post had local postal offices and post offices under its jurisdiction.

B. Following the so-called “IMF economic crisis,” the Defendant’s implementation of corporate restructuring that reduces the total amount of KRW 100,000, resulting in the shortage of the total amount of KRW 20,000. Accordingly, in order to supplement the total amount of KRW 20,000, the Defendant introduced a consignment collection system that entrusts the private sector with some duties

The defendant was recruited as a full-time consigned on consignment (a contracting worker who is a State public official) ① full-time consigned on consignment (a postal delivery service as a State public official), ② a special consignment collection shop (a contracting worker who is in charge of postal delivery service in a special area, such as mountain remote areas, islands, and other areas where traffic is difficult) and ③ a door-to-door consignment store operator (a postal delivery service in a limited area, such as apartment in a non-intersectioned short time) (i.e., an apartment in a limited area). (ii) From 2014, the name was changed to the name of the contractor on consignment, the "special resort collection shop", and the "house delivery center on consignment.

C. The Plaintiffs entered into the instant consignment contract with the head of the post office to which they belong and the head of the post office to which they belong (hereinafter “instant consignment contract”) and the name was changed to the “contract for the delivery of the postal services” since 2014; hereinafter “instant consignment contract”), and worked as the members of the instant consignment house

Plaintiff 1, on May 21, 2007, the name of the non-high-speed store (post office) working on the date of commencement of work of the Plaintiff in the attached Table contained in the main sentence, and Plaintiff 2, on June 7, 2001, who was retired from office around 6 months around 2009, Yangcheon-si 3, on June 7, 2001, Yangcheon-si 4 Plaintiff 5, on August 11, 201, Yangcheon-cheon post office 5, 201, on April 2, 2012

[Reasons for Recognition] Unsatisfy, Gap evidence 1-5, Eul evidence 4-5, the purport of whole pleadings

2. The parties' assertion

A. The plaintiffs

The Plaintiffs constitute part-time workers under considerable command and supervision of the Defendant Han-gu test. Therefore, the Plaintiffs seek confirmation on the fact that the Plaintiffs are the workers of Korea Post affiliated with the Defendant, and seek payment of KRW 10,000 out of the annual allowances in 2014.

B. Defendant

The Plaintiffs did not perform postal delivery services in accordance with the Defendant’s direction and supervision, and the instant consignment contract is merely a delegation contract or a contract. Accordingly, the Plaintiffs cannot be deemed an employee belonging to the Defendant.

3. Determination on the claim for confirmation of worker status

For the following reasons, it is reasonable to regard the Plaintiffs as workers belonging to the Korea Post.

A. Relevant legal principles

Determination as to whether a contract constitutes a worker under the Labor Standards Act ought to be made depending on whether a worker has provided labor in a subordinate relationship with an employer for the purpose of wages regardless of whether the contract is an employment contract or a delegation contract. Determination of whether a dependent relationship exists shall be based on (1) whether the employer has determined the work contents and (2) whether the employer is subject to the rules of employment or employment regulations, etc., (3) whether the employer is designated working hours and place and is detained by the employer; (4) whether the employer is capable of operating his/her business on his/her own account; (5) whether the employer has been aware of the risks such as the creation of profit and loss through the provision of labor; (6) whether the remuneration was the nature of the worker; (7) whether the wage was determined by the basic wage or fixed wage; (8) whether the continuousness and degree of the provision of labor; and (2) whether the employer has exclusive status to the employer; and (3) whether the employer is recognized as an employee under the social security system or not.

B. Facts of recognition

The following facts can be acknowledged by taking into account the following facts: Gap evidence 1 through 6, evidence 8, evidence 9, evidence 11 through 19, evidence 21 through 25, evidence 27 through 30, evidence 34, evidence 37 through 39, evidence 41 through 43, evidence 45, 46, 48, evidence 49, evidence 52, evidence 54, Eul evidence 4, evidence 6 through 11, evidence 19 through 23, evidence 28, 30, and 31 evidence 19 through 23, evidence 26, evidence 26, part of evidence 26, and testimony of the non-party party.

1) Conclusion of the instant consignment contract

(1) The Defendant prepared the “Guidelines for the Operation of the House of House of House of House of House of House of House of House of House of House of House of House of House of House of House of House of House of House of House of House of House of House of House of House of House of Housing”

A) Although the contents of the recruitment publication are partially different for each post office, the recruitment publication was generally made with the following contents.

An area where ○○ Work (Delivery) is scheduled in the main sentence: ○ apartment unit - A person who is at least 18 years of age residing in the apartment unit or in the vicinity of the apartment unit - - Korean and basic Chinese language, and ○ working hours for a person who is able to read English language: 6 hours of salary per day: ○○ (or at the level of KRW 0 per month): A letter of ordinary mail, registered mail.

B) The Plaintiffs entered into the instant consignment contract with the Defendant for one year with the term of the contract, and then processed the instant consignment house work by renewal of the contract at the end of the expiry date. The Defendant used a standardized consignment contract form in accordance with the guidelines for the operation of the said consignment house. In lieu, the Defendant used the consignment contract form in the form of the attached Form 2 and the attached Form 3.

C) Of the instant consignment contract, the contents of “mail delivery method and procedure, provision and supply of various equipment, burden of collection, postal-related confidentiality, compensation for damages, and obligation to subscribe to a guaranty insurance policy,” etc. were either identical or almost similar to the terms of the consignment contract (work contract) by a regular consignment store operator or a special consignment store operator.

(ii) business process methods;

A) On-the-jobman, a national public official on-the-spot duty, a full-time consignmentman, and a special area consignmentman shall work at a post office at a designated time (the special area consignmentman who deals with the postal delivery service in a special area may receive mail at a separately determined place without having worked at the post office). On-the-spot, etc., who is a national public official shall perform the duty of collecting mail, the duty of collecting registered mail (the duty of creating and registering registration code numbers of registered mail) and the duty of classifying (the duty of classifying mail in common, the duty of classifying mail according to the personal mobile route, the duty of classifying mail according to the personal mobile route, the duty of delivering mail, the delivery, the finishing duty (the result of the delivery of mail, and the duty of delivering the mail that has not been delivered to a special post office for reasons of missing and missing addresses, etc.).

On the other hand, at the time and place specified in the instant consignment contract each day (the main place of residence of the office of the office of the office of the office of the office of the office of the office of the office of the office of the office of the office of the office of the office of the office of the office of the office of the office of the office of the office of the office of the office of the office of the office of the office of the office of the office of the office of the office of the office of the office of the office of the office of the office of the office of the office of the office of the office of the office of the office of the office of the office of the office of the office of the office of the office of the office of the office of the office of the office of the office of the office of the office of the office of the office of the office of the office of the office of the office of the office of the office of the office of the office of the office of the office of the office of the office of the office of the office of the office of the office of the office of the office of the

B) The Defendant: (a) prepared a “Stop-to-door-to-door-to-door-to-door-to-door-to-door-to-door-to-door-to-door-to-door-to-door-to-door-to-door-to-door-to-door-to-door-to-door-to-door-to-door-to-door-to-door-to-door-to-door-to-door-to-door-to-door-to-door-to-door-to-door-to-door-to-door-to-House-to-door-to-door-to-door-to-door-to-House-to-door-to-door-to-door-to-door-to-door-to-door-to-House-to-face (A)” and made the recipient sign his/her name on a daily date;

C) Some of the members of the instant consignment house (including the rest of the Plaintiffs, other than Plaintiff 4), upon the request of the relevant post office, dealt with the “ordinary mail net classification work” that is not set forth in the instant consignment contract as the scope of business.

D) The workplace of the home-based member of the home-based member was the head of the office in charge as stipulated in the instant consignment contract. The home-based member of the home-based member office cannot arbitrarily change the house-based member office. The daily amount of work of the home-based member office was set according to the quantity of delivery allocated to the Defendant.

E) In the course of performing the duties of a house assignment, the re-entrusted houseman weared “houseing clothes, houseing, and houseing”, etc., which are leased without compensation to the Defendant Han-gu’s office, and used houseing equipment or houseing equipment, such as houseing rooms, handets, PDA, etc., and obtained identification cards issued by the Defendant Han-gu.

(iii)the direction of work for home-to-house operators;

A) The Defendant arranged directions, cases of civil petitions, etc. to be observed by the mail service personnel while handling the postal service, as a “post service manual,” and had all the Housemen observe the said manual.

B) The Defendant directed, using text messages, re-commissioned office crew members to “(i) the delivery of an election-related mail is completed at the end of the hour, and (ii) the registered mail sent by the National Tax Service is not to be returned at the time of loss; and (iii) the customized registered mail is to be delivered to the addressee himself/herself after checking his/her identification card; (iv) the recipient is an institution or enterprise; and (v) the delivery of the registered mail is to be carried out at the time of absence; and (v) the delivery of the registered mail is to be carried out after sending it to the ordinary mail; and (v) the delivery method due to the revision to the registration business guidelines; (iv) the delivery method due to the change in the registration business guidelines; and (v) the delivery of the registered mail at the time of the occurrence of civil petitions.”

C) The Defendant publicly announced “(i) civil petition measures following the collection of return without return; (ii) new introduction of delivery service of the certificate of the certificate of the registration of the premium contract; (iii) modification of the contract registration agreement for Samsung Card; (iv) extension of customized contract registration services for the National Pension Service; and (v) comparison before and after the improvement of the method of delivery of contract registration.”

D) The Defendant had regularly conducted the “occupational Education and Telecommunication Meeting” against the members of the House on Entrustment of Home, and provided, whenever necessary, special education, such as the “Special Education for the Election of Members of the National Assembly”. The Defendant instructed the members of the House on Entrustment of Home to “be present at the House on Round.” The Defendant provided detailed education on the method and procedure for delivery of postal items, cautions, types of civil petitions, etc. under the relevant statutes.

The defendant instructed the Dogwon to "the right to handle postal items, other than parcels, only a government agency, and a post office) to detect and manage violations," and provided detailed education on the methods of confirming violations, the methods of securing evidence, the examples of violations, and the matters of attention.

E) Even after the commission contract of this case was amended to “re-delivery delivery contract,” the Defendant instructed the captain to thoroughly wear delivery uniforms and deliver customer information by setting up “the stress period emphasizing the basic obligation of delivery business” (Prohibition of delivery, attachment of notice of arrival at a designated place, protection of customer information, etc.). The Defendant investigated the Defendant’s “the details of the duties of the re-delivery delivery store operator, whether the delivery book is performed, whether the delivery delivery delivery delivery delivery delivery delivery delivery delivery delivery delivery delivery delivery delivery delivery delivery delivery delivery confirmation and confidentiality pledge, the performance of compensation, and whether the delivery

F) A considerable number of lawsuits were filed to file a civil petition or a claim for damages due to delay or damage of the delivery of postal items. Some of the postal offices sent a public notice to the home delivery service provider to the effect that “the postal items are delivered next to the next day, in principle, even if the postal items are delivered. In the event of intentional delay of delivery, the instant entrustment contract may be terminated in accordance with Article 8(1) of the Agreement on Door-to-House Delivery, which provides that “The instant consignment contract may be terminated in accordance with Article 8(1).”

(iv)Supervision of home-house fighters;

A) The Defendant regularly conducted the “on-site inspection” and the “e-mail delivery measurement” evaluation. In the event of the on-site inspection by a superior agency, the relevant post office issued a cell phone text message to a houseman, including the home office clerk, the date, time, and inspector of the on-site inspection, and thoroughly manages the mail transferred to address, the return box, the delivery and the erroneous delivery.” The pertinent post office issued instructions to “the delivery measurement period for letter-post items”, emphasizing that the said post office is the delivery measurement period to the office clerk from time to time, to time by posting text messages or e-mail, to “the long-term, delivery, and the delivery of address transfer mail that can be confirmed, and the ordinary mail that can be confirmed should be delivered within three days from the date of receipt, and thus, should be delivered first by extracting them first.”

B) At any time, the relevant post office carried out a self-inspection on the door-to-doorman. The relevant post office regularly checked the door-to-doorman’s office site through the person responsible for the head of the office office and others, and confirmed the “whether the mail was delivered, whether the mail address was transferred (whether the mail was delivered prior to the address), whether the mail was returned, the collection status of the returned mail, and the management of the mail box, etc.”

Some of the post offices voluntarily conducted the "on-site inspection of the home house site" and publicly notified the relevant home house unit leader by specifying the results of the inspection and the matters to be corrected and improved. This also includes the content that "in the event that a continuous confirmation and implementation is scheduled for the improvement of the business, and the same poor or insufficient field is not improved, the special education or separate measures will be formulated and implemented."

C) On the ground that Plaintiff 1 was found to have failed to process a report on the relocation of address as a result of the on-site inspection, the Silung post office received a written confirmation (Evidence A 27) stating that “I am am hye and am hye hye hye hye hye hye hye hye hye hye hye hye hye hye hye hye hye hye hye hye hye hye hye hye hye hye hye hye hye

D) The Defendant conducted a survey on customer satisfaction level of postal services (KPCSI) and maintained the scores and priority of each regional administration and each post office, and otherwise awarded points according to the type of civil petition.

E) The Defendant granted a commendation or delivered a certificate of friendship to a member of the re-entrusted house with excellent working attitude. Plaintiff 2 received a commendation from the head of the Yangcheon-gu post office in 2003.

5) Mountainous management

A) In principle, it is not necessary to work as a post office, and the departure and retirement hours were different depending on the quantity of delivery or the schedule of the head of the office in charge, but because the head of the office in charge returns to Korea (referring to returning to the post office after completing delivery) at regular 6 p.m. hours, the head of the office in charge is obliged to complete delivery services prior to the completion of delivery and return the letter of exchange to the head of the office in charge.

B) The Yangcheon Office to which the rest of the Plaintiffs except the Plaintiff 1 belongs managed the attendance, absence, and leave of absence of office through “the work status register of the home-based workers” for a certain period of time. The Defendant confirmed the actual working days to pay the fee.

C) In the event of absence from office, etc., a home-based member of the home-based home office reported to the relevant post office in advance and obtained permission. In such a case, another home-based member processed his/her duties instead.

D) As seen earlier, the Defendant prepared the “Management Book of Work Status” for a certain period of time, and could verify the moving route or delivery time of the home delivery unit to the home delivery unit through PDA.

(vi) fees;

A) On the last day of each month, commission fees were paid to the Egyptian on the last day of each month, and the commission fees were set “a certain amount per hour (4,450 won, 4,580 won, 205, 4,580 won, 2009, 4,860 won, 201, 4,960 won, 5,150 won, 2012, 2012, 5,150 won, and 2, 2013) multiplied by the working hours (6-7 hours) specified in the instant consignment contract and the actual working days. In the event that a person worked or worked for a holiday, the Egyptor’s overtime and holiday allowances were paid KRW 100,000,000 as compensation for holiday work.

B) Around February 2014, the Defendant revised the instant consignment contract and the criteria for the management of the leased house on consignment, and revised the criteria for the calculation of the fee from “time” to “the number of households”, and newly established the “delivery Fee for Registered Postal Items” and “special mail delivery fee” to “the special mail delivery fee” to “the special mail delivery fee” to “the special mail delivery period. Accordingly, the re-entrusted houseman received KRW 5,460 based on 250 households in the case of ordinary mail, ② KRW 100 based on one copy in the case of the registration fee for registered mail, ③ KRW 100,000 won in the case of the registration fee for a postal item (6,030, KRW 150,000 in the year 2016), respectively.

C) From April 2013, the Defendant imposed the business income tax on home home delivery workers.

7) Other

A) ① The “non-regular operation guidelines of Korea Post,” prepared by the Defendant in 2003, stipulated that the type of the contract is “labor contract” as the part of the full-time employee of the re-entrusted house unit, whereas the “non-regular employee of the re-entrusted house unit” refers to the guidelines for the operation of the re-entrusted house unit and the contract for the re-entrusted house unit (labor contract). ② The research service report submitted by the Defendant requesting research services to the Korea Administrative Research Institute in 2005 was classified as “non-regular employee” along with the regular employee of the entrusted house unit and the special entrusted house unit.

B) In relation to the inspection of the state administration in 2013, it was pointed out that “(i) when compared with the regular office workers, the delivery volume of mail is similar even if the working hours are short, and thus, measures for improvement of treatment should be prepared; (ii) since there are considerable cases of delivering the special service mail by the office workers on consignment unlike the entrustment contract, the case should be corrected; (iii) calculated the delivery quantity according to the actual business through on-site investigation or the fluctuation of the Formula; (iv) as it constitutes an obvious disguised contract, the improvement should be prepared; and (v) it is necessary to abolish the withholding tax of the business income tax; and (v) a plan should be prepared to reduce the actual income of the office workers on consignment.”

C) The House of Representatives was involved in the sending or athletic games of the post offices to which they belong.

C. Determination

Considering the following circumstances revealed in the above facts, it is reasonable to view the Plaintiffs as workers providing labor under the specific direction and supervision of Korea Post under the Defendant-affiliated relationship.

1) In accordance with the instant entrustment contract and the guidelines for the operation of the home-based house-based house-based house-based house-based house-based house owner, the Defendant determined the contents and scope of the business, and the method of handling the business every day, and determined the types

2) ① The mail service manual, various official documents, cellular phone messages prepared or sent by the Defendant, beyond simply informing information related to the postal delivery service, are given to the members of the home office on a specific method of handling the affairs. The Defendant, for uniform performance of duties, entered the uniforms to the members of the home office on a designated basis and delivered them in accordance with the procedures prescribed in the relevant statutes, etc., and provided education on a regular or irregular basis. ② The Defendant continued to manage and supervise the process or result of the duties of the members of the home office on a designated basis through on-site inspection or delivery of cautions through such on-site inspection.

3) According to the instant consignment contract, in a case where the instant consignment store operator is unable to appropriately perform the delivery of postal items, the Defendant may either ask or terminate the instant consignment house operator for damages. The instant consignment house operator did not have to comply with the Defendant’s guidelines or policies to prevent disadvantages, such as liability for damages, Defendant’s rejection of re-contract, civil complaints, etc., or the post office to which he/she belongs, from being disadvantaged by assessment.

4) The Plaintiffs handled postal delivery services at the place and time determined by the Defendant. The Defendant prepared a “home delivery ledger”, “work status ledger,” “work status ledger,” etc. for a certain period and managed the position of the home delivery unit operator. At present, the Plaintiffs can check the position of the home delivery unit operator through the delivery information entered in the PDA.

5) The Defendant recognized the full-time consignment houseman and the special area consignment houseman as a worker. In comparison with the full-time consignment houseman and the special area consignment houseman, the Defendant, in essence, dealt with the same work in the same way.

6) The Plaintiffs continued to carry out only postal delivery services in the same way as around nine years, five years, nine years, five years, five years, three months, and four years and seven months, respectively. There is no evidence suggesting that the methods of performing duties of the Plaintiffs and the methods of the Defendant’s direction and supervision have been substantially changed to the extent that it is possible to determine the worker status.

7) Although the instant consignment contract does not explicitly prohibit “third party’s agency business” or “Concurrent operation of business,” it is practically difficult to enable a third party to provide delivery services on behalf of the third party or to concurrently operate another business, taking into account the importance of postal delivery services, responsibility following the performance of duties, actual status of duties, the Defendant’s attitude, and the reason why the cost of home-to-house unit operator used the uniforms and goods provided by the Defendant.

8) The instant consignment contract contained the rules of employment in detail “all kinds of directions related to postal delivery business, grounds for termination of a contract corresponding to grounds for dismissal or disciplinary dismissal,” etc.

9) The Plaintiffs received fees in proportion to actual working hours. This constitutes remuneration for the amount and quality of labor offered for the Defendant. The Plaintiffs’ nature of workers should not be readily denied solely on the basis that the Plaintiffs paid business income tax from a certain point of time.

D. Sub-committee

① Since postal delivery services fall under the Defendant’s essential business, the Defendant is always required to be in charge of postal delivery services. ② The Defendant is in charge of the delivery of postal items: (i) the Defendant’s exclusive business and provided the entire people with a systematic organization (Article 14 of the Postal Service Act). Therefore, the Defendant needs to provide the same kind of services irrespective of time and place; (iii) the delivery service may infringe upon the property or privacy of the people or interfere with the State’s important functions and functions of the State. There are many cases where a civil petition is filed or a lawsuit is filed in the course of postal delivery. Accordingly, the relevant statutes, such as the Postal Service Act, etc. strictly restricts the qualification for postal delivery services and the method of handling the postal delivery services, and imposes liability for damages on the Defendant.

In addition to the above nature and nature of postal delivery services, in light of all the above circumstances, it is reasonable to regard the Plaintiffs as an employee of the Korea Post affiliated with the Defendant, and as long as the Defendant contests this, the Plaintiffs’ benefits of confirmation are recognized.

4. Determination on the claim for annual allowances

The reasoning for this part of this Court is the same as that of the judgment of the court of first instance, and thus, this part is cited pursuant to the main sentence of Article 420 of the Civil Procedure Act.

5. Conclusion

If so, all of the plaintiffs' claims should be accepted on the grounds of its reasoning, and the judgment of the court of first instance is justifiable. Therefore, the defendant's appeal is dismissed on the grounds of its merit. It is so decided as per Disposition.

[Attachment Omission]

Judges Kim Kim (Presiding Justice)

Note 1) A party that actually entered into a contract is the post office (the head), the regional administration (the head) or the head of the Korea Post (the head of the Korea Post), but indicated as a “Defendant” for convenience.

Note 2) The fee per hour was set according to the “number of delivery units per hour (250 copies) and the number of households in charge (250 units)”.