임금 등
1. The defendant shall pay the plaintiffs the amount of the attached claim and each of the damages for delay stated in the attached Form.
1. The facts that there is no dispute between the parties to the judgment on the cause of claim, and if the purport of the entire argument is added to the statement in subparagraph 1-5, the plaintiffs were employed as employees of the defendant company during the period specified in the separate sheet, the defendant did not pay KRW 36,111,232 to the total amount of the plaintiffs' wages generated during the above period. The defendant's representative director G requested formal trial after being notified of a summary order of a fine of KRW 6 million due to the above facts, but the Incheon District Court was sentenced to a fine of KRW 2015Da3094 again by the Incheon District Court Decision 2016No2935, Feb. 9, 2017. Thus, the defendant appealed appealed with the Incheon District Court Decision of 2016No2935, but the appeal was dismissed on February 9, 2017. Thus, the defendant is obligated to pay damages for delay calculated by the ratio of 20% per annum of the Labor Standards Act from the separate sheet and damages for delay.
2. The defendant's assertion argues that since the plaintiffs concluded an entrustment contract, not a labor contract, as an independent business operator, not an employee under the Labor Standards Act, the plaintiffs cannot accept their claims.
In substance, whether a contract constitutes a worker under the Labor Standards Act is an employment contract or a contract for work. Determination of whether a worker has a subordinate relationship with an employer for the purpose of wages should be made depending on whether the employer provided work for the purpose of wages in the business or workplace. Here, whether a subordinate relationship exists shall be determined by the employer, and shall be subject to the rules of employment or the rules of service, etc. of the employer, and whether the employer has considerable direction and supervision in the course of performing the work, whether the employer designates working hours and the place of work, and whether the worker is detained,