1. Whether a worker is a worker under the Labor Standards Act should be determined according to whether the contract is an employment contract or a contract for work, in substance, provides work to an employer for the purpose of wages.

Whether a dependent relationship exists shall be determined by comprehensively taking into account the economic and social conditions of both parties, such as ① determining the content of work, ② determining whether an employer has a reasonable direction and supervision in the course of performing the work, ② whether an employer is subject to the rules of employment or personnel regulations, ③ whether an employer is designated the hours and place of work, ④ whether an employer is bound by the employer, ④ whether an employee is capable of operating his/her business on his/her own account, such as holding equipment, raw materials, work tools, etc. or having a third party employ and act on behalf of him/her, ⑤ whether a labor provider has a risk, such as creation of profit and loss by providing labor, ⑤ whether the nature of remuneration is the subject of work, ② whether the basic wage or fixed wage has been determined, ② whether the continuity and degree of the relationship of provision of work is exclusive to the employer, and ④ whether the status of an employee is recognized by other statutes, such as the statutes on social security system,

However, the circumstances, such as whether a basic wage or fixed wage was determined, whether a labor income tax was withheld, and whether a person is recognized as an employee on the social security system, are not recognized in that the employer is highly likely to arbitrarily determine it by taking advantage of the economic superior status (see, e.g., Supreme Court Decision 2004Da29736, Dec. 7, 2006). 2. According to the reasoning and evidence of the lower judgment, the following facts are revealed.

The Plaintiffs are the Plaintiffs.