A. According to the Ministry of Education, Science and Technology’s “The Five-year Master Plan for School Violence Prevention and Five-year Master Plan,” and the “Operation Plan for School Violence Recruitment and Operation” of the Office of Education of Daegu Metropolitan City Office of Education, the Defendant publicly announced the recruitment of the volunteers on the C Elementary School and D Elementary School website operated by the Defendant, and accordingly, the Plaintiff A and the Plaintiff B were selected as the guardian of the C Elementary School, and the Plaintiff B as the guardian of the D Elementary School.

B. From July 22, 2010 to December 31, 2013, Plaintiff A performed activities, such as guidance for school attendance and traffic safety, patrol inside and outside the school, guidance for school violence, protection of victim students, etc. at the D elementary school from January 4, 2012 to December 31, 2012, from January 2, 2013 to December 31, 2012, and from January 2, 2013 to December 31, 2013, Plaintiff A received activity expenses of KRW 30,000 per day from each of the above schools.

【In the absence of a dispute over the grounds for recognition, the entries in the evidence No. 5, the evidence No. 1 in the evidence No. 1 and the evidence No. 6 (including the provisional number; hereinafter the same shall apply), and the purport of the whole pleadings

2. The plaintiffs asserted that they worked at around 08:00 and retired from office at around 16:00 under the direction and supervision of each of the above principals, and performed activities such as students, boarding schools, and traffic safety guidance, patrols inside and outside schools, school violence guidance, and protection of victim students.

This constitutes a case where a guardian provides labor in a subordinate relationship with the purpose of wage, regardless of the name of "service provider," and thus, the defendant is obligated to pay the minimum wage and the difference between wages actually paid to the plaintiffs who are workers, i) the employer, ii) annual paid leave allowances, iii) extension, holiday work allowance, iv) unpaid retirement allowances and delay damages.

3. Determination

(a) “worker” under the Minimum Wage Act and the Labor Standards Act means a person who provides labor to a business or workplace for wage purposes, irrespective of the type of occupation;