Litigation costs shall be borne by the plaintiff.

However, there was an accident that the Plaintiff, while working, was getting on a bridge and fell into the warehouse floor.

(A) Evidence No. 3, hereinafter “instant accident”). The Plaintiff’s assertion and the Plaintiff are either the relationship between the employer and the employee at the time of the instant accident, or the relationship between the employer and the employee as a labor contract. As such, the Defendant bears the duty to take necessary measures, such as improving the human and material environment so that the Plaintiff does not harm life, body, and health in the course of providing labor.

However, the Defendant is liable to compensate the Plaintiff for damages as the instant accident occurred due to its failure to perform the above duty of protection.

Whether a worker is a worker under the Review Labor Standards Act should be determined in accordance with whether a contract form is an employment contract, a contract or a delegation contract, and whether the substance of a labor provision relationship is a subordinate relationship to an employer for the purpose of wages in a business or workplace.

Here, whether an employer has a subordinate relationship with the employer, who is subject to rules of employment or service regulations, shall be subject to considerable command and supervision during the performance of duties, whether an employer designates working hours and working places and is detained by an employer, whether an employer is capable of operating 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 him/her, whether he/she has a risk such as creation of profit and loss by providing labor, the nature of remuneration is the subject of work, and the basic pay or fixed pay.