2. Determination

A. The summary of the facts charged in the instant case is the employer, who ordinarily employs one worker as the representative of Ulsan-gu B and 2nd floor C, and is engaged in a service business (s bargaining and essential private teaching institutes).

The Defendant is working in the foregoing workplace from September 1, 2015 to November 30, 2017.

6,075,707 of retirement allowances of retired D did not pay 6,075,707 won within 14 days from the date of retirement, which is the date of the occurrence of the cause for payment, without agreement

B. Whether an employee is a worker under the Labor Standards Act should be determined depending on whether the form of a contract is an employment contract or a contract for employment, in substance, whether the employee provided labor in a subordinate relationship with the employer for the purpose of wages in the business or workplace. Whether there is a subordinate relationship as seen above is determined by the employer’s contents of work, and whether the employer has considerable direction and supervision in the process of performing work under the rules of employment or service (which is subject to the employment regulations, etc.), whether the employer designates working hours and working place, whether the employee is subject to detention, whether the employer is able to operate the business on its own account, whether the employer is able to own own equipment, raw materials, work tools, etc., or have a third party employ and act on behalf of the employer, and whether the employer has a risk, such as the creation of profit and loss, etc. through the provision of labor,