퇴직금 청구의 소
1. All appeals filed by the plaintiffs are dismissed.
2. The costs of appeal are assessed against the Plaintiffs.
The purport of the claim and appeal is the purport of the appeal.
1. The reasoning of the judgment of the court of first instance cited in this judgment is as stated in the reasoning of the judgment of the court of first instance, except for the dismissal or addition as stated in paragraphs (2) and (3) below, and thus, it is acceptable in accordance with the main sentence of Article 420 of the Civil Procedure Act.
2. Determination of whether a worker constitutes a worker under the relevant legal doctrine shall be based on whether the form of a contract is an employment contract or a subordinate relationship with an employer for the purpose of wages in a business or workplace, rather than whether the contract is an employment contract. Determination of whether a subordinate relationship exists as mentioned above shall be based on the employer’s determination of the work contents, the rules of employment or service regulations, etc., whether the employer is subject to considerable direction and supervision during the process of performing duties, whether the employer is designated as working hours and working place, and whether the worker is subject to restraint, whether the employer is allowed to operate his/her business on his/her own account, such as holding equipment, raw materials, working tools, etc., or having a third party employ and act on behalf of the employer, and whether the risks, such as the creation of profits and losses, etc. through the provision of labor, whether the employer has become aware of the nature of his/her own work, whether the basic wage or fixed wage was determined, whether the wage was withheld, and whether the employer has an exclusive economic and social status as an employee, such as individual social security system.