임금
1. The judgment of the court of first instance is modified as follows.
All of the plaintiff's claims are dismissed.
2. The Plaintiff’s total costs of litigation.
The court's explanation on this part of the cause of the claim is consistent with the reasoning of the judgment of the court of first instance, except for the dismissal as follows. Thus, this part is cited by the main sentence of Article 420 of the Civil Procedure Act.
Under the second sentence of the first instance judgment, the part of the second part of the second part of the second part of the second part, i.e., “the non-party company that is not the defendant, but the non-party company that is the subcontractor, at the time when the plaintiff worked at each construction site of this case, is the plaintiff’s employer, the defendant constitutes an immediate contractor. The defendant did not pay each subcontract amount to the non-party company without justifiable grounds, and the non-party company did not pay the plaintiff’s wages related to each construction of this case. Thus, the defendant is jointly and severally and severally liable with the non-party company pursuant to Article 44 of the Labor Standards Act, or the non-party company becomes bankrupt due to business deterioration. Thus, the non-party company is directly liable to pay the plaintiff wages related to each construction of this case, and the non-party company is directly liable to pay the non-party company that is the subcontractor under Article 44-3(1) of the Labor Standards Act
2. Judgment as to the main claim
A. Whether a person is a worker under the relevant legal doctrine ought to be determined depending on whether a worker provided labor in a subordinate relationship with an employer for the purpose of wages regardless of the form of a contract. In determining this, the content of work is determined by the employer, and is subject to the rules of employment, service regulations, personnel regulations, etc., and is specifically and directly directed and supervised by the employer in the course of performing work, and the working hours and place are designated by the employer and are bound by the employer.