퇴직금 청구
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
The summary of the case is that the defendant operated D Kindergartens in Dobong-gu Seoul Metropolitan Government, and the fact that the plaintiff operated D Kindergartens from March 1, 1997 to March 31, 2015 to March 31, 2015 that the plaintiff operated D Kindergartens for kindergarten students' attendance, staff, and field trips is not a dispute between the parties.
Under the premise that the plaintiff is a worker employed by the defendant, he/she shall claim a retirement allowance of 50,070,938 won and delay damages for the period of continuous employment of 18 years.
In this regard, the defendant asserts that the plaintiff cannot be paid retirement allowances on the ground that he cannot be seen as an employee.
Therefore, this paper examines whether the plaintiff is a worker.
The determination of whether a worker is a worker under the Labor Standards Act should be based on whether a contract is an employment contract or a delegation contract is an employment contract, and whether a labor provider has provided labor to an employer for the purpose of wages in a business or workplace.
In this context, whether an employer has a subordinate relationship with the employer, who is subject to rules of employment or service regulations, shall be subject to considerable direction and supervision during the performance of duties, whether an employer designates working hours and working places and is subject to restraint by an employer, whether an employer is able to operate his/her business on his/her own account, whether an employer has a risk, such as the creation of profit and the occurrence of loss through the provision of labor, whether the nature of remuneration is the subject of the work itself, whether the basic salary or fixed wage was determined and withheld the income tax, whether the continuous performance of the provision of labor, the exclusiveness and degree of the employer, and whether an employer is recognized as an employee under the social security law.