The defendant asserts that the plaintiffs were independent business operators, not workers under the Labor Standards Act, and even if they are deemed workers, the plaintiffs concluded an entrustment contract with K Co., Ltd. (hereinafter referred to as the "K") and received sales fees from the above company, so the employer is not the defendant, but the defendant, and the plaintiff is the K K.

The key issue of this case is whether the plaintiffs are workers under the Labor Standards Act, and if so, whether the plaintiffs are the defendants.

2. Whether the plaintiffs constitute workers

A. Determination of whether a worker is a worker under the Labor Standards Act shall be based on whether the form of a contract is an employment contract or a contract for employment, and in substance, whether an employee provided labor in a subordinate relationship with an employer for the purpose of wages in the business or workplace. Determination of whether a subordinate relationship as mentioned above exists is based on the content of the work, and whether the employer determines the work hours and place and is subject to the rules of employment or the rules of employment, etc., and whether the employer is bound by the employer, whether the employer is able to operate the business on his/her own account, such as whether the employer is able to own equipment, raw materials, work tools, etc., or have a third party employed and act on behalf of the employer, etc., whether the employer has knowledge of the risk, such as the creation of profit and loss by providing labor, and the nature of remuneration, whether the basic wage or fixed wage was determined, and whether the wage tax was withheld.