2. The costs of lawsuit are assessed against the plaintiffs.

A. The Plaintiffs reported and paid industrial accident insurance premiums and wage claim charges (hereinafter “industrial accident insurance premiums, etc.”) to the Defendant from 1999 to 2003 as educational foundations that establish and operate each private university on the disposition statement by attached university 2, for the same period, the Plaintiffs reported and paid industrial accident insurance premiums, etc. to the Defendant, excluding the tuition fees of part-time instructors who are demoted at the Plaintiffs’ university during the same period from the total amount of wages of workers.

B. The Defendant issued each of the instant dispositions that impose industrial accident insurance premiums and additional dues on the Plaintiffs on the date of disposition on the grounds that part-time instructors who teach in each private university operated by the Plaintiffs are workers under the Industrial Accident Compensation Insurance Act and the Labor Standards Act.

[Evidence] Facts without dispute, the purport of the whole argument

2. The parties' assertion

A. The plaintiffs' assertion

In principle, the part-time instructors of universities operated by the Plaintiffs were commissioned by the principal of the University upon the recommendation of the principal of the university without entering into a separate employment contract, and were dismissed at the same time as the term of appointment expires, and are not subject to the instruction and supervision of the side of the university in the performance of the duties of lectures and the management of school affairs, and are not exclusively belonging to the Plaintiffs’ university, such as those who are allowed to teach at another university at will, and are not exclusively dedicated to the Plaintiffs’ university, and are paid with tuition fees in proportion to the number of lecture hours without basic pay or fixed pay. As to the time and place of lectures, part-time instructors cannot be deemed to have a subordinate relationship with the Plaintiffs in performing their duties, such as deciding upon consultation with

B. Defendant’s assertion

A part-time lecturer of a university shall perform lectures according to the school schedule designated by the university, and perform the affairs of school administration for the students of the relevant course, such as the management of school affairs. Basically, he/she shall determine the contents of duties, working hours, and working places of part-time lecturers according to the assignment of lecture subjects, lecture rooms, time table organization, etc., as determined by the university, and receive tuition fees in proportion to the number of lecture hours on a regular basis once a month, and shall be subject to the appointment and management regulations of each university. A part-time lecturer’s autonomy in the performance of lectures is only derived from the professional and discretionary work of lectures, and it is not possible to deny the worker status of part-time lecturers on the ground that the part-time lecturer is a part-time lecturer.

3. Whether the disposition is lawful;

(a) Relevant statutes;

Attached Form 3 shall be as listed in attached Table 3.

B. Facts of recognition

(1) Each university operated by the plaintiffs (hereinafter referred to as the "university of this case") had part-time instructors as defined in Article 17 of the Higher Education Act and Article 7 subparagraph 3 of the Enforcement Decree of the same Act, in addition to "the president, dean, professor, associate professor, assistant professor, assistant professor, and full-time lecturer" (hereinafter referred to as "full-time teacher"), who are teachers under Article 14 (2) of the Higher Education Act, take charge of the lectures of subjects and the job instruction for students.

According to the provisions on part-time lecturers established and implemented by the universities of this case, part-time lecturers are those who are not full-time teachers and other teachers, but full-time teachers or full-time teachers, and who take charge of lectures of subjects on a part-time basis (Korean University).

According to the results of the fact-finding survey on part-time instructors on the attached Form 4. A part-time lecturer conducted by the Defendant for 17 universities among the universities of this case (hereinafter referred to as “the results of fact-finding survey”), the 17 universities of this case allow part-time lecturers to teach from 5.4% of the course opened by the pertinent university to 18.6% of the course ( Daegu High-time University) (hereinafter referred to as “the results of fact-finding survey”).

The reason why the university of this case requires full-time instructors, not full-time teachers, to take charge of lectures is that it is also limited to the hours of lectures for which full-time teachers are in charge of education, so it is physically impossible with the limited university budget. In the event a subject established after it is deemed necessary for the education and major of university students, which is not capable of being in charge of full-time faculty members or belongs to a new major field, it is efficient to appoint a researcher with knowledge as a part-time lecturer to take charge of lectures (this reason is stated in the part-time lecturer Regulations).

(2) In addition to the school regulations or service regulations applicable to full-time teachers, the universities of this case have enacted and implemented regulations on part-time lecturers (hereinafter referred to as "regulation on part-time lecturers") in the name of commission, re-commission, dismissal (or dismissal; hereinafter referred to as "commissioning"), lecture hours and lecture fees, part-time lecturers' rights and duties, etc., in order to stipulate the rights and duties of part-time lecturers, separately from the school regulations or service regulations applicable to full-time teachers.

The main points of the regulations concerning part-time instructors are as follows:

(A) Qualification of part-time instructors

First of all, a person who has served as a full-time lecturer or higher at another university or who has served as a full-time lecturer or higher or as a full-time lecturer (see Article 16 of the Higher Education Act and subparagraph 1 of Article 2 of the Regulations on the Standards, etc. for Qualification as Professors) with at least two years of research experience and at least one year of teaching experience, and a person who has served as a doctorate holder or a doctorate course holder at most universities may be commissioned as a part-time lecturer even in the absence of special education and research experience at most universities. To become a part-time lecturer, many universities require that one of the above-time lecturers (hereinafter referred to as "university") have education and research experience for a certain period of time. However, in light of the nature of the course of study established, where one cannot select a part-time lecturer from among those who are qualified as above, it may be commissioned as a part-time lecturer even without the above qualification, or a person who has expertise or substantial authority in the relevant field or a person who is recognized as qualified as a part-time lecturer may be commissioned as a part-time lecturer.

(B) Persons entitled to appoint part-time lecturers and commissioning procedures

Most universities commission part-time instructors from among the universities of this case through the procedures recommended by the president of the faculty (department) through a faculty meeting in which part-time instructors are to be established and recommended by the president of the relevant university. Among the universities of this case, the Minister of Education (Kyang National University, Seoul New University), or the principal of the university (Seoul National University, Cheongnam National University, and Gyeongnam National University, with the president’s approval) is appointed as part-time instructors.

When the university of this case commissions part-time instructors, most universities of this case are notified of the appointment of a part-time lecturer commissioned by the Minister of Education, etc., and do not prepare a written contract, etc. separately, and only some universities grant a letter of appointment.

(C) The commissioning Period

The universities in our country operate one semester from March 1 to August 31 each year, and from September 1 to the end of February of the following year, two semesters. Most universities stipulate that part-time lecturers shall be appointed on a semester basis in accordance with the provision on part-time lecturers. In the absence of such provision, universities are appointed part-time lecturers on a semester basis.

(D) Restrictions on commissioning and re-commissioning

대부분의 대학교들은 시간강사를 위촉함에 있어, 직전 학기의 강의에 대한 평가 결과가 저조한 경우(총점 5.0에 3.0 또는 3.5 미만 등), 직전 학기의 출강률이 일정 기준(⅔ 또는 ¾)에 미달한 경우, 인사 관련 서류에 불실기재를 하거나 허위로 작성하여 해촉된 경우, 직전 학기의 강의가 충실하지 못하고 교수능력이 부족한 경우, 교육 관계 법령을 준수하지 못하거나 교수로서의 품위를 유지하는 것이 어렵다고 판단되는 경우, 해당 대학교의 제반 규정을 준수하지 않았거나 직전 학기 시간강사로서의 의무를 이행하지 않은 경우, 기타 총장이 부적합하다고 판단하는 경우 등에는 시간강사로 위촉·재위촉되는 것을 제한하는 규정을 두고 있다.

At this time, the evaluation of the lectures made by part-time instructors is, in principle, the same as or similar to the evaluation methods for the lectures of the former teachers, and is made to the students who have attended the relevant subjects (in the case of the Seoul New Abuse School, the class evaluation of part-time lecturers is stipulated to correspond to the class evaluation of the former faculty).

On the other hand, in the case of Hanyang University, approximately 70% of part-time instructors are re-commissioned.

(e)Determination of lecture subjects, lecture rooms, and lecture hours;

1) The subject of lectures

Most universities provide for the "matters concerning the establishment, modification, and abolition of the curriculum" or "matters concerning the establishment, modification, and abolition of the curriculum" as the matters to be deliberated by the faculty's meeting, or for the deliberation of important matters of the university, the establishment and abolition of the curriculum in which part-time instructors are in charge of lectures is actually deliberated and decided by the faculty's meeting of the relevant faculty (department). In particular, the term "Tol University" or "Seo River University" stipulates that a part-time lecturer shall establish the curriculum in charge of a part-time lecturer every semester.

On the other hand, according to the results of the fact-finding survey, part-time instructors of a master college, a senior college, a college, and a research school were consulted and coordinated with the university regarding the establishment of lectures, the designation of lecture hours, and the designation of lecture hours, and the part-time instructors of the Han-gu university were consulted with the university regarding the establishment of lecture subjects.

(ii)A lecture room;

The lecture room shall be designated in a lump sum by taking into account the number of students, etc. attending the school affairs administration of the faculty of each semester, so part-time instructors shall be designated as lecture rooms by the side of the university, as in the case of former teachers.

3) The class hours

In principle, most universities provide that the lecture hours of former teachers shall be nine hours every week on the basis of 30 weeks every school year as provided in Article 6(a) of the Enforcement Decree of the Higher Education Act with respect to the school regulations or the relevant regulations, but if necessary, they may exceed that after obtaining permission or approval from the president.

With respect to the lecture hours of part-time instructors, most universities allow 13 hours a week to take charge of cultural subjects (Korea-do University), and allow 15 hours a week to a part-time lecturer (Seoul-do University), and allow 12 hours a week to a part-time lecturer (Dongo-do University, Sejong-do University, Human Resources University, etc.) or 16 hours a week to a part-time lecturer. Some universities provide that certain colleges shall teach 6 hours a week (Dongnam University, Seowon University, etc.), and 8 hours a week to a part-time lecturer not exceeding nine hours a week.

The university of this case does not have any provision on the determination of the lecture time table in which part-time instructors actually provide lectures. However, according to the results of the fact-finding survey, in addition to the name of the university, the senior college, the senior college, the senior college, and the research and development school, as seen earlier, in consultation with the part-time instructors regarding the designation of lecture hours.

(f) Instructor fees;

Most universities establish and implement regulations on the payment of tuition fees for part-time instructors, separately from the former teachers’ remuneration regulations, and also stipulate regulations on the payment of tuition fees for part-time lecturers, such as part-time teachers. According to the remuneration regulations of a part-time lecturer, part-time lecturer paid to part-time lecturers of a faculty is KRW 27,00 per day-time, and KRW 30,00 per day-time, and excess tuition fees are KRW 17,00 per day-time, and KRW 24,00 per day-time.

Many universities shall pay tuition fees to part-time lecturers according to the actual number of hours during the class hours in charge of part-time lessons (Korean National University, Hanyangnam University, natural disasters, temporary holidays from national events, examination period, event of a university, temporary suspension of operation of a university, etc.). In such cases, tuition fees shall be deemed to have been paid if a university is closed due to extenuating circumstances, such as the course of study (which shall be calculated on a regular basis on a regular basis and shall be added to the prescribed number of legal holidays). Of the foregoing, in the case of Sejong National University, tuition fees shall be paid to part-time lecturers attending the course of study in addition to travel expenses. In the case of Sejong National University, tuition fees shall be paid to those who attend the course of study in excess of 130 students, 1.5 times of the part-time curriculum, and 20 times of the curriculum in excess of 130 students per week, and the tuition fees shall be paid to those who attend the course of study within the scope of two hours per week, as prescribed by the president or organization.

Most universities regularly paid tuition fees to part-time lecturers once a month on the same day as the payment date of the full-time teachers, except for the tuition period without lectures.

(g) Requirements for the entrance of another university

All of the universities of this case do not impose restrictions, such as obtaining approval from the president, or restricting or restricting the duration of lectures at other universities, in order for part-time instructors to attend other universities.

(h) Duties of part-time lecturers

The basic duties of part-time instructors prescribed by the university of this case are to faithfully perform lectures and the duties of guiding students, and to comply with the regulations of the university (Korean National University, Cheongyang National University, Cheongyang National University, Estimationd Art University, Korean National University, and Korean National University), professors (instructors) and educators, etc. (Tool University, Gyeongnam National University, Gyeongnam National University, Chonam National University, Cho Jong-sung National University, and Ssung National University, etc.), and to maintain their dignity as part-time lecturers.

(i) Rights of part-time lecturers

Among the universities of this case, there are few provisions regarding the rights of part-time instructors. The Seoul Newcomer School provides that part-time instructors shall have rights to use libraries and facilities within the university as part-time teachers. The Seocho University grants E-Mail Account within the university and provides library access and other convenience facilities, and it provides that the Korea Newcomer University and the Korea Newcomer University shall have rights to use libraries and facilities within the university. In particular, under the Regulations on the Appointment, etc. of Part-time Teachers, it provides that “Non-time Teachers, including part-time lecturers, shall not be subject to unfavorable measures, such as temporary retirement or dismissal against their will, unless they are subject to the grounds for disciplinary action or dismissal under the Private School Act.”

(j) Dismissal of a part-time lecturer

In principle, a part-time lecturer is naturally dismissed upon the expiration of the term of appointment, namely, upon the expiration of the term of appointment, and in order to continue lectures at the relevant university, he/she shall be re-commissioned. However, most universities are entitled to dismiss a part-time lecturer during the term. The reasons are as follows: (a) the restriction on commissioning or re-commissioning; (b) the restriction on the appointment of a part-time lecturer was limited; or (c) the part-time lecturer was not performed (this is the same and similar when a part-time lecturer is violated in violation of the laws and regulations related to the disciplinary reasons of the private school teacher under Article 61(1) of the Private School Act; (d) when a part-time lecturer violates or neglects his/her duties; (e) when a teacher violates or neglects his/her duties; (g) other acts detrimental to his/her dignity as a teacher, and (g) other acts detrimental to the development of the university are not complied with the instructions of the head of the department to which he/she belongs; (g) the additional purpose and purpose of education are not violated.

In particular, the regulations on the appointment of non-standing teachers provide that the regulations on disciplinary action of Article 43 to Article 54 of the Regulations on the Personnel Management of Teaching Staff shall apply mutatis mutandis to part-time instructors.

(3) On the other hand, part-time instructors in charge of lectures in the universities of this case shall submit a lecture plan to the university’s side by the designated date and time prior to the completion of the lecture, enter the contents of the lecture in the computer. They shall give lectures to the specified lecture hours. On the other hand, according to the academic schedule designated by the university of this case, they shall perform the affairs of school management, such as the attendance and attendance of the students in the course, the management of the attendance and attendance of the students in the course, the imposition of research tasks and the assessment of the subjects, the preparation, examination, supervision, marking and evaluation of examination problems, the computerized entry of these matters, and the guidance for students.

(4) The part-time lecturer of the university of this case is not possible to employ a third party and allow him to act on behalf of the third party.

(5) The status of full-time instructors, especially full-time instructors and part-time lecturers belonging to the pertinent university, is identical or similar to each other, while the contents are as follows.

(a) Matters concerning appointment;

1) Persons authorized to appoint and dismiss

In principle, a full-time lecturer of a private school shall be appointed and dismissed by the president of the school foundation on the recommendation of the principal of the school, or in the case of a school foundation, he/she may delegate his/her authority to appoint and dismiss the president and the principal of the school (Article 53-2 (1) and (2) of the Private School Act, but in the case of a university, Article 53-2 (1) and (

(ii) qualifications for appointment;

A full-time lecturer shall be appointed from among university graduates who have at least three years of research and educational experience in total (see Article 2 subparagraph 1 [Attachment] of the Regulations on the Standards for Qualification for Professors, but a part-time lecturer may also be appointed from among those who have failed to meet such qualifications.

(iii) the appointment period;

A full-time lecturer shall be appointed or reappointed on a yearly basis (ordinary two years), but a part-time lecturer shall be commissioned or reappointed on a semester basis.

(b) Application regulations, etc.

The provisions of general application to faculty members of a university, such as school regulations, shall apply to full-time instructors. However, since part-time lecturers do not fall under the faculty members of a university, these provisions do not apply to part-time lecturers, and special provisions on part-time lecturers shall not apply to them. However, as seen earlier, universities explicitly require the observance of the provisions on part-time lecturers in the provisions on part-time lecturers.

(C) Matters concerning lectures;

1) The subject of lectures

A full-time lecturer is ordinarily appointed as a teacher to teach subjects to be continuously established, such as the subjects to teach the subjects to be continuously established, necessary for university education for university students, and barring any special circumstance, the subject in which a full-time lecturer was in charge is changed or abolished is rare, while a part-time lecturer is not necessarily in charge of subjects to be inevitably completed by college students to acquire degrees, so a part-time lecturer may be changed or abolished relatively more than a part-time lecturer compared to the subject in charge of a full-time lecturer.

(ii)the lecture time table and the lecture time table;

A full-time lecturer and a part-time lecturer shall be demoted according to the designation of lecture room and lecture time table determined by both the university or by the faculty (department) or after consultation with instructors.

3) The class hours

In principle, full-time instructors shall be subject to the class nine hours per week, and exceptionally, the number of full-time lecturers may be exceeded by taking procedures such as obtaining approval from the president, is as follows: Provided, That in the case of a year-end school, a lecture equivalent to six credits per week is required for each year-end school, and the Joseon University provides that eight hours per week for each week and 12 hours per week for each country-time art university (in the case of a real-time and theory concurrently), and that the Korea Development University provides that the Korea Development University shall be subject to the class of 6 credits.

(iv) lectures and ancillary services thereto;

A full-time lecturer and a part-time lecturer shall submit a lecture plan concerning the relevant course and enter the details thereof in the form of computer system, and make lectures during the fixed lecture hours, and conduct affairs concerning the management of school affairs and student guidance, such as attendance and management of students in the relevant course, imposition of research tasks and evaluation of subjects, examination questions, preparation, examination, grading and evaluation of examination questions, computerized entry, etc. according to the designated academic schedule, according to the designated academic schedule.The administrative officer of a faculty (department) or the administrative officer of a university or college shall not participate in the contents and methods of lectures, place of lectures, contents of the subjects, examination questions, examination standards, etc. of all the full-time instructors and part-time lecturers.

5) Evaluation of lectures (class)

It is the same as full-time instructors and part-time instructors who are assessed on lectures and determine whether to be reappointed or re-commissioned as a result of the evaluation.

(d)Research activities;

A teacher of a university shall educate and guide students and study studies (see Article 15(2) of the Higher Education Act). A full-time lecturer shall engage in academic research activities other than the education and guidance of students. The results of his/her research activities are important evaluation data when determining whether to be reappointed. However, a part-time lecturer's academic research activities are intended to deepen the contents of the lectures in charge or to be appointed as a full-time teacher.

(e) Remuneration;

The remuneration of full-time instructors is paid in monthly salary, and the basic salary is differentiated depending on the salary class, and there are fixed allowances such as student guidance allowances, academic research allowances, teaching materials research allowances, etc., and it is composed of excessive expenses paid in case of lectures exceeding the hours of compulsory education (in the case of Hanyang University and Tol University), but the remuneration of part-time instructors is the same as the monthly wage, but most of the tuition fees are limited to the tuition fees paid according to the actual number of hours.

(f) Disciplinary provisions for breach of duty

A full-time lecturer belonging to the university of this case is not only a provision on disciplinary action under the Private School Act as well as a provision on personnel affairs and disciplinary actions that are generally enacted and implemented by the university as a private school teacher. A part-time lecturer, instead of being subject to the provision of the Private School Act applicable to full-time instructors or the provision on personnel affairs and disciplinary actions of the university, is at a disadvantage of "re-commissioned during a semester or restriction on re-commissioning" when he/she fails to perform his/her duties under the provision on part-time lecturers

(g) Status within the university organization

(i) requirements for the entrance of another university or institution;

Generally, in order for a full-time lecturer to attend another university or institution, he/she is required to obtain approval from the president within a certain period of time (Seoul National University, Gyeongsung National University, etc.). However, there is no such restriction on a part-time lecturer.

2) Whether to participate in the faculty conference

Most of the universities of this case have provisions pertaining to the establishment of professors’ associations (total professors’ associations and associate professors’ associations, etc.) as an institution to deliberate on important matters regarding the academic affairs of universities. A large number of full-time instructors are full-time lecturers at universities (Seoul National University, Gyeong University, Senior University, High University, National University, Daegu National University, Daegu University, Daegu National University, Daegu National University, Dongwon University, Busan National Language University, Busan National University, Seoul New University, Seoul National University, Seogwon University, Seoul National University, Youngnam University, Youngnam University, Central University, Han National University, Han National University, Han National University, Han National University, Han National University, Han National University, Han National University, Han National University, Han National University, and Gyeong National University, etc.). Other universities than this, are also members of the University (Tool University, Sejong National University, Sejong University, Sejong National University, Chosun National University, Joseon National University, and Gyeong National University, etc., who are qualified as assistant professors or more and may participate in full-time instructors if deemed necessary by the president, etc.).

(h)other operations;

A full-time lecturer may be appointed as a faculty member of a dissertation for a degree from most universities (representatively, library teachers, etc.), and may be appointed as a faculty member to guide students' academic studies and students' academic activities (representatively, university of light won, national university, etc.), but a part-time lecturer shall not be in charge of such duties.

(i)Rules pertaining to accident compensation;

A full-time lecturer of the university of this case shall be paid short-term benefits as prescribed by the Private School Teachers Pension Act in cases where the plaintiffs report the appointment and dismissal of a full-time lecturer to the competent agency pursuant to Article 54 of the Private School Act, and the retirement, disability and death due to duties shall be paid for short-term benefits, and the retirement, disability and death shall be paid for long-term benefits. Even in cases where the plaintiffs fail to make the above report, the plaintiffs shall be entitled to medical care benefits pursuant to the Industrial Accident Compensation Insurance Act as workers (the above contents shall be stated in the rules of employment, but the part-time lecturer shall be excluded from the scope of school personnel under the Private School Act). Therefore, the Industrial Accident Compensation Insurance

(6) Meanwhile, from around 196 to around 2003, the Defendant’s investigation did not provide medical care benefits to part-time instructors of a university. From around 311 universities subject to the Industrial Accident Compensation Insurance Act (including part-time students of a national university), the universities paid industrial accident compensation insurance fees for part-time lecturers was Seoul National University, sublime University, branch university, regular university, branch university, research branch university, research branch university, Ulsan National Science and Technology University, Ulsan National University, Jinju Industrial University, Jinju University, Jinju University, Nam-do University, New University, New University, New University, New University, New University, New University, Gudong University, Daegu-do University, Hanmbol University, Mubol University, Guban University, Muban University, Guyang-si University, Gannam National University, Gannam National University, Daejeon National University, Daejeon National University, Daejeon National University, Daejeon National University, Daejeon National University, Daejeon National University, Daejeon National University, Daejeon National University, Daejeon National University, Gyeong-do, Gyeong, G.

(7) In the application of the industrial accident compensation insurance-related Acts and subordinate statutes to multiple workers who employ the same part-time worker (so-time worker), each workplace shall calculate the premium by the method of "total insurance year of all workers 】 total amount of wage of the pertinent business 】 premium rate of the pertinent business x report and pay it to the Defendant after calculating the insurance premium by the method of "the total amount of wage of all workers 】 The Defendant shall pay the insurance premium based on the part-time worker wage (one million won per month or 700,000 won per month or 70,000 won per month) paid to each part-time worker at a certain part-time worker. The Defendant shall pay the insurance premium by calculating the average wage on the basis of the part-time worker wage (one million won per month or 100,000 won per month) paid to a part-time worker at a certain part-time worker.

[Evidence] The purpose of the evidence Nos. 1, 2, and 3 of Gap 1, 4, 5, 18, 20, and 29, Gap 2,6, 7, 9, 10, 12 through 16, 19, 25, 28, 31, 32, 33, 35, and 36, 24, 27, 30, 34, 38, 39, Eul 1, 2, 4 through 9, 11, 17, 17, 20 through 26, and Eul 1, 2, 10 of evidence Nos. 3 and 10, Eul 1, 2, and 19 of evidence Nos. 1, 1, 2, and 18 and 19 of evidence, and the purport of the whole pleading, and the purport of the pleading of witness as a whole.

(c) Markets:

In full view of the relevant provisions under Article 4 subparag. 2, Articles 5, 7, and 57 of the former Industrial Accident Compensation Insurance Act (amended by Act No. 7049 of Dec. 31, 2003), and Articles 14 and 18 of the Labor Standards Act, an employer who purchased industrial accident compensation insurance is obligated to pay insurance premiums as an insurance policyholder only in relation to the prescribed workers (see Supreme Court Decision 96Nu19581 of Jun. 27, 1997, etc.). Whether an employee is a worker under the Labor Standards Act shall be determined by whether the contract provides labor in a subordinate relationship to the business or workplace for the purpose of earning wages, regardless of whether the contract is an employment contract under the Civil Act, or a contract, and whether the employee is subject to the rules of employment, service regulations, personnel regulations, etc., and whether the employee is subject to specific direction and supervision from the employer in the course of performing his/her duties, whether the employee is subject to employment or not, and whether the employee is subject to compulsory employment (see Supreme Court Decision 2000.

In this case, a part-time lecturer who takes charge of lectures in the universities of this case was commissioned as a part-time lecturer by the president, etc. pursuant to the "Regulations on Part-time Instructors with the character of the rules of employment" and was assigned as a part-time lecturer by the president, etc., and was in charge of the lecture course established by the side of the university in accordance with the lecture hours table designated by the university. The university submitted a lecture plan in accordance with the school affairs management regulations and school affairs schedule, and conducted school affairs management duties, such as the attendance and attendance of students accompanying the lecture, the imposition of subjects, the assessment of examination questions, the examination supervision, marking and evaluation, etc. of the part-time lecturer, and the part-time lecturer employed a third party and carried out the above duties was not in accordance with regulations or in fact impossible. When the part-time lecturer violates the above duties and fails to maintain dignity as a professor, he/she was subject to disciplinary action, which has the same meaning as the dismissal or removal of the former teacher, and was paid in return for the above performance of duties.

Although part-time instructors agreed on the opening of subjects or the duration of lectures in the course, they were mutually advantageous measures to promote the convenience of part-time instructors who are bound to attend multiple universities, as seen thereafter. Although a university did not participate specifically in the contents and methods of part-time instructors' lectures, the contents and methods of evaluation of students, etc., it is reasonable to see that it is a result naturally derived from the characteristics of specialized and discretionary mental work, which is called "grhetor". This is also true in view of the fact that a university does not specifically direct and supervise the contents and methods of a part-time lecturer's lectures, which is obvious that it is an employee.

Meanwhile, as seen earlier, part-time instructors receive a certain basic wage or fixed wage as workers who can be found as full-time instructors such as full-time instructors, i.e., the relationship of providing labor continues to exist, and lack of such characteristics as being exclusively used by a specific employer. However, these features of defects are generally revealed not only to part-time instructors but also to part-time workers who are rapidly increasing in the recent years, and only to receive a certain rate of wages according to actual work hours, and the basic wage or fixed wage or all kinds of allowances cannot be paid to regular workers, but also to regulate the relationship of providing labor. In particular, the number of part-time instructors commissioned as a part-time lecturer is based on the circumstance that university education takes a part-time lecturer system, and it is difficult for universities to set up a long-term labor relationship between a certain part-time lecturer and a certain part-time lecturer and a certain part-time lecturer, not to have a certain part-time lecturer paid from the above university as part-time lecturer's day-time lecturer.

In addition, although it was not revealed in this case whether a university withholds the labor income tax of a part-time lecturer, it should be interpreted that a person liable for payment should pay the labor income tax based on the premise that he is a worker, and that he is not a worker because he pays the labor income tax on the premise that he is a worker. Therefore, the labor income tax cannot be denied the worker's nature of a part-time lecturer on the ground that the university in this case did not withhold the labor income tax

Finally, the purpose of the labor provision relationship between a university and a part-time lecturer is not "the completion of the day" but "the provision of labor by a part-time lecturer for a certain period of time" rather than "the completion of the day", while the provision of labor by a part-time lecturer for a certain period of time" should be interpreted as falling under the authority of a school juristic person establishing and operating a university or a part-time lecturer. In addition, the delegation relationship is based on the trust relationship between the delegating and the delegated person, as it is for solving litigation cases, treating affairs such as medical treatment, managing property, selling of real estate, etc., and it is different in that a part-time lecturer provided mental labor as a part-time lecturer without such trust relationship or handling certain affairs, and received tuition fees in return for that purpose.

Therefore, given that part-time instructors of the university of this case provided labor to the university of this case and the plaintiffs establishing and operating the university of this case as subordinate status, they constitute workers prescribed by the Labor Standards Act, and on the same premise, the disposition of this case imposing the plaintiffs the industrial accident insurance premium of this case and additional dues is legitimate.

4. Conclusion

Therefore, the plaintiffs' claims are dismissed as it is without merit. It is so decided as per Disposition by the assent of all participating Justices.

Judges Kwon Soon-il (Presiding Judge)