2. The defendant shall pay 10,000 won each to the plaintiffs.

3. The costs of lawsuit shall be borne by the defendant.

4. Paragraph 2 can be provisionally executed.

가. 원고들은 피고 산하 우체국장과 각 우편집배재택위탁계약(2014년 이후부터 재택배달도급위탁계약으로 명칭을 변경, 이하 ‘이 사건 위탁계약’이라 한다)을 체결하였다. 원고 1은 2007. 5. 21.부터 시흥우체국의 재택위탁집배원(2014년부터는 재택위탁배달원으로 명칭을 변경, 이하 ‘재택위탁집배원’으로 통칭한다)으로 일하다가 2009년에 6개월 정도를 쉰 후 다시 일하고 있다. 원고 2는 2001. 6. 7.부터, 원고 3은 2007. 11. 1.부터, 원고 4는 2011. 8. 11.부터, 원고 5는 2012. 4. 2.부터 양천우체국의 재택위탁집배원으로 일하고 있다.

B. According to the Defendant’s guidelines for the operation of the home-to-house unit assignment, the home-to-house unit consignment zone is a specific area with good delivery conditions, such as the large apartment complex, and the acceptance of postal items to be delivered is in principle the place of residence of the home-to-house unit, and in principle, the amount of the home-to-house unit consignment service can be delivered at least four hours and within six hours per day based on the hours required for delivery of postal services. The amount of services per hour shall be based on average delivery quantity of 250 copies and the number of households in charge, 250 units, and the number of households in charge. The requirements for employment are those who have the 18 years of age or older, basic Chinese language, and English reading ability, and equipment shall be leased and returned at the time of termination of the contract.

C. The Defendant paid the commission fee on the basis of the volume of postal delivery services on the last day of each month, and paid a certain amount per hour (4,450 won in 2002, 4,580 won in 205, 4,860 won in 209, 4,860 won in 201, 4,860 won in 201, 4,960 won in 201, 5,150 won in 2012, 5,150 won in 2013, 5,300 won in 2012). The Defendant revised the guidelines for operation in 2012 so that additional fees may be paid within the limit not exceeding eight hours in total per day, and the registration fee was newly established.

D. From April 2013, the Defendant began to impose business income tax on the home-based member, and deleted the concept of time on the commission from 2014, the Defendant paid 5,460 won (including additional tax) based on 250 households in the case of ordinary mail, and revised the provision on the commission of the instant consignment contract to pay 100,000 won per additional payment according to the quantity of delivery for registered mail, and to pay 100,000 won per additional payment according to the quantity of delivery for registered mail.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1, 6, 8, 9, Eul evidence Nos. 4 and 12 (including paper numbers; hereinafter the same shall apply), the purport of the whole pleadings

2. The parties' assertion

A. The plaintiffs' assertion

The Plaintiffs are workers prescribed by the Labor Standards Act, inasmuch as their working hours and commuting are different from those of other members in the delivery service, and they are part-time workers under considerable command and supervision by the Defendant. Therefore, the Plaintiffs seek confirmation that they belong to the Korea Post under the Defendant, and seek payment of KRW 10,000 out of the annual leave allowances in 2014.

B. Defendant’s assertion

The Plaintiffs entered into a delegation contract with the Defendant for postal delivery services, which is not a labor contract, and the Plaintiff has the substance of the contract that places the main points in the delegation contract or the completion of work, rather than the subordinate relationship to use. The Plaintiffs do not constitute a worker under the Labor Standards Act, and the Defendant does not have any duty to pay the above allowances.

3. Determination on the claim for confirmation of worker status

A. Criteria for determination

The issue of whether a contract constitutes a worker under the Labor Standards Act is a contract for employment or a contract for work, and whether a worker has a subordinate relationship with an employer to pay wages at a business or workplace is determined depending on whether the employer provided the worker with labor for the purpose of his/her work. The issue of whether a dependent relationship is determined by the employer and whether the employer has a considerable command and supervision in the process of work performance, such as working hours and working places, whether the employer is bound by the employer, whether the employer is able to operate his/her business on his/her own account, whether the employer is able to own equipment, raw materials, working tools, etc. or have a third party employ and act on behalf of the employer, etc., whether the nature of remuneration has a characteristic of work itself, whether the nature of remuneration is determined by the basic wage or fixed wage, whether the wage was determined by the nature of work, whether the wage was withheld from the wage income tax, whether the continuous relationship to provide labor and its degree, whether the status of an employee was recognized as a worker under the Act on Social Security System, etc.

B. Determination

1) Facts of recognition

① In 197, as part of the government’s restructuring in the 1997 IMF, the system was introduced to commission the private sector with part of the business of a regular houseman who is a state public official. Accordingly, the Defendant has been divided into full-time entrustment, special area entrustment, and home-based entrustment. While the Defendant is recognized as an employee, the full-time entrusted houseman and the special houseman are not recognized as an employee.

(2) According to the type of business, full-time on commission service personnel and special area service personnel shall collect postal items [post items (general, parcel, and special service mail)] and attend the office at a designated time (Provided, That in the case of special area service, the office dispatch service for which it is impossible to attend the office at a post office shall be operated after determining the place and time of delivery, and the place and time of delivery), conduct joint work to classify postal items, and conduct incidental work, such as arranging the result of delivery, and disposal of on-the-spot mail, after returning to the office, after returning to the office, shall be carried out. On-time commission service personnel, at the place and time of delivery of postal items (excluding Saturdays, Sundays) at the place and time of delivery at the place (excluding Saturdays, and Sundays) in which the postal items are to be delivered, general mail (general, delivery, delivery, delivery to registry offices, special delivery, and delivery to the office) from the office of delivery to the addressee, and the post office shall be returned within the area determined by the Defendant’s guidelines in accordance with the following guidelines for delivery.

(3) According to the instant consignment contract, a postal service delivery officer shall faithfully deliver a postal item in compliance with the guidance of the post office; the postal item shall be delivered after checking and signing it by the delivery book; and the postal item shall be delivered within one to two days in accordance with the type of handling the postal item. In the case of delivery of a special postal item, the seal or obstacle of the addressee shall be stated in the special postal delivery certificate taken over by the head of the post office; and the postal item to be collected with postal charges and fees shall be received at the time of delivery. In the case of a postal item that is not delivered at night due to a cause, such as the absence of a week, etc., the postal item shall be handed over to the head of the post office on the same day except for the cases where delivery is necessary at night; if the delivery of the postal item is impossible or is likely to delay due to a disaster, etc., the head of the post office shall promptly notify the head of the post office of the relevant post office of the reason; and the method and procedure of delivery of the general postal service agent, the method and procedure of delivery on full and similar regular consignment.

④ According to the instant consignment contract, where a member of a door-to-door store refuses or intentionally delays the delivery of a postal item, or where a member of a door-to-door store intentionally causes a local resident’s civil petition and causes any other reason to make it difficult to continue the consignment contract, the head of a post office may terminate the instant consignment contract. In addition, if a member of a door-to-door store office causes a loss or damage to a postal item, he/she shall compensate for the damage therefrom, and the same is the same as a regular member of a door

⑤ The Plaintiffs, which is a major equipment of Korea Post, leased houses, clothes, and furnitures, which are marked by Korea Post, without compensation, and wear them at the time of work. The Plaintiffs leased such houses, such as PDA, necessary for delivery work every day from the Defendant, and returned them every day. According to the instant consignment contract, the Plaintiffs are obliged to return equipment at the time of termination of the consignment contract. Full-time consignment house operators and special area consignment house operators shall also borrow equipment from the Defendant and return the equipment at the time of termination of the employment contract.

6) The Defendant entered into the instant consignment contract with respect to the house-to-house sales with the delivery volume of 6 to 7 hours. The Plaintiffs (1,948 households in the case of Plaintiff 1, and 5, 1,730 households in charge of Plaintiff 5) cannot refuse to accept delivery because the delivery volume is high, and as seen earlier, delivery shall be made within 1 to 2 days according to the type of mail handling, and the reason for termination of the contract shall be the case where the delivery is refused or delayed. In addition, in the case of registered mail, when the Plaintiffs entered the delivery result into the PDA, the post office notifies the result immediately to the post office, and the post office is also equal to the Plaintiffs’ work performance status. In addition, the Defendant demanded the Defendant to guarantee insurance policy as a security for compensation for damages, and the full-time consignment delivery cost is also the same.

(7) If the delivery service is completed after receiving postal items at a fixed time, and then the delivery service is completed, a member on consignment shall return to the head of the office and prepare the delivery book of postal items (a postal item shall be returned to the p.m. after receiving postal items at the ordinary morning) at a fixed time due to the absence, unknown address, etc.; and since the head of the office in charge shall return postal items to the head of the office in charge at the p.m. before and after the opening of the 6 p.m. and adjusts such postal items, such as re-delivery, return, etc., of postal items, it is difficult for the Plaintiffs to handle the delivery quantity on the day according to the M.m. surveillance and arbitrarily change the delivery

8) At the time of the instant entrustment contract, the Defendant entered into a contract on the condition that the Plaintiffs work at the relevant workplace, and the Plaintiffs cannot arbitrarily change the contract into another place of work.

9. The Plaintiffs concluded the instant consignment contract by setting six to seven hours at home delivery hours by 2013. While the volume of mail varies each day, the Plaintiffs received fees by applying a certain amount per hour on the last day of each month based on the volume of delivery per hour (250 copies) and the number of households in charge (250 households), and received KRW 100,000 as a name-saving subsidy on the New Year’s Day and New Year’s Day.

(10) The service volume of the Plaintiffs is determined according to the daily delivery volume that the Defendant gave, and it is difficult to increase the volume of revenues by attracting customers or increasing the delivery volume through their own efforts.

1) In light of the fact that: (a) the Plaintiffs are unable to provide delivery services, the Plaintiffs informed the Defendant of the reasons therefor and delivered the same to a third party; (b) the Defendant asserted that the delivery service may be performed on behalf of the said third party; (c) however, there are necessary matters for the Defendant to provide services, such as supplementary delivery, letter-post delivery, and custody service; (d) liability for damages arising from delivery; (c) the post office wears office clothes and identification cards indicating the post office affiliated with the postal services; and (d) the post office prohibits a third party from entrusting delivery services through money transaction; (e) it is impossible or difficult for the Plaintiffs to employ a third party or at the request of a third party to freely provide delivery services (other than the Plaintiff, the Plaintiff is placed in the general mail box on behalf of a third party; and (e) it is prohibited by the post office affiliated with the post office after having received a civil petition and having become aware of the fact that the post office affiliated with the post office becomes aware of it).

(12) The work training was conducted for the home-house house fighters, and the training was conducted by convening the home-house house fighters directly, and through the home-house fighters in charge of the home-house fighters, the work guidelines are verbally delivered, or the work training was conducted by delivering the printed materials described in the work guidelines.

(13) The post offices belonging to the plaintiffs notified the plaintiffs in writing that they will thoroughly deal with their return, transfer of address, and erroneous delivery. In addition, the Silung post offices sent the following letters to the plaintiffs 1: delivery method due to the revision to the registration business guidelines; delivery of heavy rain and heavy time, safe delivery at the time of the occurrence of civil petitions (referring to the fact that a civil petition is opened significantly, if the civil petition is opened). During the delivery of regular collection services, it is not possible for them to receive business instructions except for those who receive the above on-site inspection and delivery of civil petition calls from the post offices. The re-entrusted collection office shall deliver the post offices in accordance with the prescribed method without direct direction and supervision; no delivery is made in any other way; the revised work guidelines, guidelines, etc. have been delivered through the office.

4) According to the instant consignment contract, the Plaintiffs were 6 to 7 hours a day, so there is no difference between eight hours workers and working hours, and the Defendant’s work as a member of the re-entrusted unit for 12 years and nine months a year renewal of the contract period.

(15) Some plaintiffs were engaged in the net classification of letter-post items that are not within the scope of contract upon the request of the post office to which they belong for a considerable period.

In addition to providing labor according to the defendant's instruction or necessity, it is not clearly specified that the completion of duties or duties suitable for the object of delegation contracts or contract contracts is not clearly specified.

[Reasons for Recognition] Unsatisfy, Gap's statements in Gap's 1, 2, 3, 4, 6, 8, 9, 11 through 19, 21 through 25, 34, 38, 39, 40, 41, 43, Eul's statements in Gap's 4, 6, 12, 14, 15, 17, and the purport of the whole pleadings

2) Determination

In full view of the following circumstances recognized as above and recognized based on the evidence as above, it is reasonable to view the Plaintiffs as the employees of the Korea Post under the jurisdiction of the Defendant, and as long as the Defendant contests this, there is a benefit to seek confirmation as the Plaintiffs, in full view of the fact that: (a) the delivery method of postal items by the home office is the same as that of the full-time entrusted home office personnel, the special area entrusted home office personnel, and the reason for the termination of the contract against the home office personnel is similar to that of the full-time entrusted home office personnel; and (b) the reasons for the termination of the contract against the home office personnel, the Plaintiffs were actually subject to considerable direction and supervision; and (c) the Plaintiffs are deemed to have performed the delivery business for the Defendant.

In addition, although the plaintiffs' work volume is less than that of full-time consignment, they move to Do newsletter, and the difficulty of delivery is low, the collection work or the registration birth work (where a registration code code is brought to a PDA, the duty to electronically register the result thereof), the finishing work (the reason for exchange mail is stated, the registration result is registered, etc.) is not conducted, and the qualification for employment is different, it is recognized that there is a different fact, but such circumstance can be determined differently according to the work in charge, etc., and it does not constitute a reason to deny the plaintiffs' worker status.

4. Determination on the claim for annual leave allowances

Comprehensively taking account of the overall purport of the arguments in the evidence Nos. 22, 29, and 32, the plaintiffs may recognize the fact that they worked for more than 80 percent from January 1, 2013 to December 31, 2013. Since the plaintiffs are part-time workers, the plaintiffs are deemed to fall under the part-time workers. Accordingly, when calculating annual leave pursuant to the Labor Standards Act and the Enforcement Decree of the same Act, there occurs an annual leave of 90 hours to Plaintiffs 1, 3, and 4, respectively, 90 hours, 2, and 5 for each 105 hours (the number of annual leave of 15 days is not added as requested by the plaintiffs, and the annual leave of 2013 is calculated based on the number of annual leave of 15 days of annual leave of workers as of January 2013).

However, since the Plaintiffs did not use annual leave allowance, when calculating annual leave allowance that ought to be paid in 2014, Plaintiffs 1, 3, and 4 respectively take place in KRW 468,900, Plaintiff 2, and Plaintiff 5 respectively (in calculating the annual minimum wage rate of KRW 5,210 for 2014 sought by the Plaintiffs). Therefore, the Defendant is obligated to pay KRW 10,000 for each claim to the Plaintiffs within the scope of the said amount as annual leave allowance.

5. Conclusion

The plaintiffs' claims are justified, and they are accepted.

Judges Jeong Chang-hee (Presiding Judge)