임금
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. From January 1, 2016 to February 28, 2019, the Plaintiff asserted that: (a) served in a research institute designated by the Defendant; (b) served on the part of the Defendant; (c) served on the part of the Defendant, pursuant to the Defendant’s instructions, served on the site of construction; (d) served on a factory located in the place where the strike frequently worked for production of paints; and (e) was paid a fixed amount of KRW 1.2 million with the minimum wage; (d) purchased four insurance; and (e) provided materials, raw materials, etc. necessary for the work; and (e) the Plaintiff, who was employed by the Defendant and retired therefrom, was not paid a total of KRW 52,765,743, and damages for delay calculated at the rate of 20% per annum from March 15, 2019 to the date on which the Plaintiff finally provided labor.
2. Whether a worker is a worker under the former Labor Standards Act should be determined by whether the form of a contract is an employment contract or a contract for work, and whether a worker has a subordinate relationship with an employer for the purpose of wages should be determined by determining the content of work, applying the rules of employment or the rules of service, etc., and whether the employer has a reasonable direction and supervision in the course of performing work, whether the employer designates working hours and working places, whether the worker is bound by the employer, whether the labor provider is capable of carrying on business on his/her own account, such as possessing equipment, raw materials, or working tools, or having a third party employ and act on behalf of the employer, and whether the employer has a risk, such as creating profits and losses by providing labor, etc.