임금
1. All of the plaintiff's claims are dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. The Defendant is a company primarily engaged in the distribution store events, and the Plaintiff entered into an agreement with the Defendant from November 1, 2009 to July 13, 2013, and from March 1, 2014 to August 21, 2015 with the Defendant to engage in the event of sales promotion at large-scale outlet supermarkets.
[Ground of recognition] Facts without dispute, purport of whole pleading
2. The parties' assertion
A. The plaintiff's assertion constitutes a worker who provides labor in a subordinate relationship under the direction and supervision of the defendant, and the defendant is obligated to pay the plaintiff retirement allowance, unpaid weekly paid leave allowance, and annual paid allowance.
Defendant’s dismissal on August 21, 2015 is null and void due to unfair dismissal, and the Defendant is obligated to pay the amount at the rate of KRW 113,732 per day from August 22, 2015 to the time the Plaintiff is reinstated.
B. The plaintiff alleged by the defendant is not an employee belonging to the defendant but an individual entrepreneur who has entered into a franchise service contract with the defendant and provides human services. Thus, the defendant is not obligated to pay the above allowances, retirement allowances, etc.
3. Judgment on the parties' arguments
A. Whether the Plaintiff is a worker under the Labor Standards Act should be determined based on whether the form of a contract is an employment contract or a contract for employment, and whether a labor provider provided labor to an employer for the purpose of wages in substance in a subordinate relationship to the business or workplace.
Here, whether or not a dependent relationship exists shall be determined by the employer and shall be subject to rules of employment or service regulations, etc. of the employer in the course of performing his/her duties, whether or not the employer is obliged to designate working hours and working places, and whether the employer is bound by the employer, and a labor provider owns equipment, raw materials, working tools, etc. or has a third party employ and act on behalf of the employer.