임금
1. The plaintiff (appointed party)'s appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff (Appointed Party).
1. As a result of examining the legitimacy of the judgment of the court of first instance by examining the grounds for appeal citing the judgment of the court of first instance and the evidence additionally submitted by the plaintiff (appointed party), the court’s explanation on this case is based on the part of “the prosecutor appealeded by the above prosecutor, but the prosecutor’s appeal was dismissed on September 24, 2014 (see Supreme Court Decision 201Do926, Sept. 26, 2014).” The reasoning for appeal citing the judgment of the court of first instance is as stated in the reasoning of the judgment of the court of first instance, except for adding the judgment as set forth in paragraph (2) below, and thus, it is cited as it is in accordance with the part of Article 420 of the Civil Procedure Act.
2. The Plaintiff asserts that the universal wage system should not be applied since the Defendant reported the Plaintiff (Appointed Party) and the instructors of private teaching institutes, including the Plaintiff, as an individual entrepreneur, and did not prepare a labor contract.
However, even if the Defendant reported the Plaintiff (Appointed) as an individual entrepreneur in order to be exempted from the obligation to pay retirement allowances and allowances, it is not denied that the Plaintiff (Appointed Party) is a worker as stated in the judgment of the first instance court, and the wage payment agreement based on the comprehensive wage system is premised on the premise that the Plaintiff falls under a worker. In cases where it is deemed difficult to calculate working hours in light of working hours, such as surveillance and control work, and the nature of work, such as work hours, it is acknowledged that it is difficult to calculate working hours, the amount included in legal allowances is determined as a monthly wage or daily wage without calculating the basic wage in advance between the employer and the worker, or when concluding a wage payment agreement based on the so-called comprehensive wage system with the content that a certain amount is to be paid regardless of the number of working hours, without distinguishing legal allowances, even if the agreement is concluded without any disadvantage to the worker in light of various circumstances.