A. The Defendant is a person who operates a mutual educational institute (hereinafter “instant private teaching institute”) called “B language private teaching institute” in Sungwon-si C and 3rd floor D, Changwon-si, and the Plaintiff was demoted in English at the instant private teaching institute from March 1, 201 to February 28, 2017.

B. From March 1, 2011 to June 30, 2014, the Plaintiff received monthly remuneration by multiplying a fixed amount per lecture hour (Ordinance 30,000 won). From July 1, 2014, the Defendant divided tuition fees by the rate of 6/10 in classes with 60 or less students and the Plaintiff’s 4/10, but in classes with 61 or more students, the Plaintiff paid a certain amount of Plaintiff’s portion of tuition fees from the Defendant each month pursuant to the condition that the Defendant and the Plaintiff divides tuition fees by half in classes with 61 or more students (hereinafter “share system”).

C. Contracts (Evidence A 1) signed on January 1, 2017 between the Plaintiff and the Defendant are as follows.

A B B B C [Grounds for Recognition] without dispute, entry of evidence No. 1, purport of the whole pleadings

2. The parties' assertion

A. The gist of the Plaintiff’s assertion is that the Plaintiff provided labor under employment by the Defendant from March 1, 2011 to February 28, 2017, and thus, constitutes workers as prescribed by the Labor Standards Act.

Therefore, the defendant is obligated to pay retirement allowances under the Guarantee of Workers' Retirement Benefits Act to the plaintiff.

B. The gist of the Defendant’s assertion is that, from July 1, 2014, at least, the Plaintiff was not an employee who provided labor to the Defendant in a subordinate relationship for the purpose of wages, and thus, the Plaintiff cannot respond to the Plaintiff’s claim.

3. Determination

A. Whether the Plaintiff was the Defendant’s employee under the Labor Standards Act shall be determined depending on whether the form of a contract is an employment contract or a contract for employment, and in substance, whether an employee provided labor to an employer for the purpose of wages in a subordinate relationship with the business or workplace, and whether there is a subordinate relationship as seen above.