2. The costs of lawsuit are assessed against the plaintiffs.

A. The defendant is a company that manufactures and sells clothes and leather products.

B. The Plaintiffs sold the Defendant’s specific brand products at the department stores located in the Defendant and received fees from the Defendant (hereinafter collectively referred to as the “instant contract”), and concluded a sales agency contract under which the Plaintiffs received the fees from the Defendant (hereinafter referred to as the “instant contract”), and performed the said duties as the sales clerks from the “ claim amount per Plaintiff” column to the “business opening date” column to the “business closing date” to the “business closing date.”

[Ground of recognition] A without dispute, entry of evidence No. 1, purport of the whole pleadings

2. The parties' assertion

A. The instant contract entered into between the plaintiffs' assertion and the defendant is formal, and the plaintiffs are actually workers under the Labor Standards Act under the direction and supervision of the defendant.

Therefore, the defendant is liable to pay retirement allowances and damages for delay under the Guarantee of Workers' Retirement Benefits Act to the plaintiffs.

B. The Defendant’s assertion Plaintiffs do not constitute an independent business operator as prescribed by the Labor Standards Act.

3. Determination

A. Whether a worker is a worker under the relevant legal doctrine ought to be determined depending on whether a contract form is an employment contract or a contract for work, and whether a worker has a subordinate relationship with an employer for the purpose of wages in a business or a workplace. Here, whether a subordinate relationship exists is independent, such as determining the content of work by the employer, subject to the rules of employment or employment regulations, etc., and whether the employer has considerable direction and supervision in the course of performing work, whether the employer designates work hours and work places, whether the worker is bound by the employer, and whether the labor provider owns equipment, raw materials, work tools, etc. or acts by proxy for a third party.