A. The defendant is a company that operates the business of supporting and arranging broadcasting vehicles.

The Plaintiff performed the work of transporting the broadcast production personnel and equipment entrusted by the Defendant from October 21, 2016 to April 22, 2018.

B. The Plaintiff initially received KRW 1,200,000 per month of basic wage and KRW 30,000 per day of operation allowance according to the oral agreement with the Defendant in the course of performing transportation duties as above. From September 2017, the Plaintiff received KRW 60,000 per day of operation allowance of KRW 400,000 per month of basic wage. The Defendant entered into a continuous vehicle use contract with the broadcasting producer on a monthly basis, and the Plaintiff was dedicated to the transportation of the relevant broadcasting producer, and was able to receive fixed wage of KRW 2,00,000 per month in the event that the Plaintiff takes exclusive charge of the transportation of the relevant broadcasting producer.

[Ground for Recognition: Facts without dispute, Gap evidence 1 through 3, 7, 8, 10

(ii) the statements in Eul evidence Nos. 1, 7, and 8; the inquiry results on the Administrator of the Seoul Southern District Office of Employment and Labor in this Court; the purport of the entire pleadings

2. The parties' assertion

A. The plaintiff asserts that the defendant is obligated to pay the plaintiff unpaid wages and retirement allowances corresponding to the period of employment in accordance with the Labor Standards Act and the Act on the Guarantee of Workers' Retirement Benefits, since he is an employee who has provided his labor in subordinate relations with the defendant

B. As to this, the defendant asserted that the plaintiff was in a contract relationship with the defendant, and did not provide labor in a subordinate relationship with the defendant for the purpose of wages, and therefore does not constitute a worker.

3. Whether the Plaintiff constitutes a worker under the Labor Standards Act

A. Whether a worker is a worker under the relevant legal doctrine is an employment contract or a contract for employment, and in substance, whether an employee provided an employer with labor in a subordinate relationship for the purpose of wages at a business or workplace.