2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

[Ground of recognition] Facts without dispute, entry of Gap 1-3 evidence, purport of the whole pleadings

2. The assertion and judgment

A. The summary of the parties' assertion 1) The plaintiff is an employee who provides labor to the defendant in a subordinate relationship for the purpose of the plaintiff's wage, and the defendant is obligated to pay retirement allowance of 12,789,676 won and delay damages to the plaintiff. 2) The defendant did not provide labor in a subordinate relationship to the defendant, and merely provided a marina business in a partnership relationship or a contract relationship to the defendant, and thus does not constitute an employee

B. Determination 1 of this Court is whether a contract constitutes a worker under the Labor Standards Act or a contract for employment. Determination of whether a worker has a subordinate relationship with an employer for the purpose of wages in substance should be made depending on whether the employer provided labor in a subordinate relationship with the employer for the purpose of wages in the business or workplace. Whether an employer has a subordinate relationship with the above mentioned above is determined by the content of the work, and whether the employer has a considerable direction and supervision in the course of performing the work, whether the employer is designated working hours and working place, whether the employer is bound by the employer, whether the employer is able to operate the business on his/her own account, such as the purchase of equipment, raw materials, working tools, etc., or the occurrence of losses, etc. by the provision of labor, whether the employer has a risk of carrying on the business on his/her own account, such as the creation of profits and the occurrence of losses, etc. by the provision of labor, whether the nature of remuneration was the subject matter of the work itself (i.e., the basic wage