E is a person who has entered into a franchise contract with D (hereinafter referred to as “D”) and is not a worker under the Labor Standards Act, and the defendant is not obligated to pay retirement allowances to E.

B. Since there has been no record of continuous employment for more than one year since the employment relationship was severed, such as repeating entry and retirement, the defendant has no obligation to pay retirement allowances to E.

(c) The claim for retirement benefits against E has already expired three years after the expiration of the three-year extinctive prescription, and thus the Defendant is not obliged to pay retirement benefits to E.

Since the defendant paid the amount including retirement pay to E when he pays each month, he did not have been in arrears in the payment of retirement pay to E.

2. Determination:

A. (i) Determination as to the assertion that E is a worker under the Labor Standards Act should be made depending on whether the form of a contract is an employment contract or a contract for employment, and whether the substance of a labor provision relationship is a dependent relationship between a labor provider and an employer for the purpose of wages in the business or workplace.

Here, whether or not a dependent relationship is determined by an employer and is subject to rules of employment or service regulations, etc. of an employer in the course of performing duties, whether or not an employer is subject to considerable command and supervision by an employer, whether or not an employer is bound by a labor provider, whether or not a labor provider is capable of operating his/her business on his/her own account, such as possessing equipment, raw materials, working tools, etc. or having a third party employ and act on behalf of him/her, etc., creation of profits