1. Whether a person is a worker under the Labor Standards Act shall be determined in accordance with whether a contract form is an employment contract or a delegation contract is an employment contract, and whether a labor provider provided labor in a subordinate relationship to an employer for the purpose of wages in a business or workplace.

In this context, whether an employer has a subordinate relationship should be determined by comprehensively taking account of various economic and social conditions, such as determining the content of work, whether the employer is subject to the rules of employment or service, whether the employer is subject to considerable direction and supervision during the performance of work, whether the employer is bound by the working hours and the place of work, whether the employer is capable of operating his/her business on his/her own account, whether the employer has a risk, such as the creation of profit and loss from the provision of work, whether the nature of remuneration is the subject of work, whether the basic salary or fixed wage was determined, whether the employer was withheld from the income tax, whether the continuity and degree of the provision of work, whether the employer has exclusive responsibility for the employer, and whether the status of the employee is recognized under the social security law.

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, should not readily deny the nature of an employee solely on the ground that the employer is highly likely to arbitrarily determine by taking advantage of the economic superior status (see, e.g., Supreme Court Decision 2004Da29736, Dec. 7, 2006). 2. Reviewing the reasoning of the lower judgment and the record reveals the following facts.

(1) The Plaintiffs are the Defendant and their respective contract periods.