A. In full view of the circumstances such as misunderstanding of facts or misunderstanding of legal principles that allow instructors to freely set working hours and did not perform duties other than those for which they take charge of, and that the Defendant did not direct or supervise the methods of the instructors, that the instructors did not apply the service regulations or personnel regulations, and that the instructors’ fees were determined in proportion to the class hours and the business income tax was withheld, it is reasonable to see that the instant instructors are not so-called franchise instructors, but not so-called workers to whom the Labor Standards Act applies.

B. The sentence (one million won of fine) imposed by the lower court is too unreasonable.

2. Determination

A. Determination of misunderstanding of facts or misapprehension of legal principles as to whether a contract constitutes an employee under the Labor Standards Act shall be based on whether the form of a contract is an employment contract or a contract for employment, and whether a worker has a subordinate relationship with an employer for the purpose of wages. Whether there is a subordinate relationship as seen above shall be determined by the employer’s contents of work, and whether the employer has a considerable direction and supervision in the course of performing work, whether the employer is designated as working hours and working place, whether the employer is detained, whether the employer is allowed to operate his/her business on his/her own account, such as possessing equipment, raw materials, working tools, etc. or having a third party employ a third party and act on his/her behalf, and whether the risks, such as the creation of profits and losses, etc. by providing labor, whether the nature of remuneration is the subject matter of work, whether the basic salary or fixed wage has been determined, and whether the wage was paid through withholding the wage and salary income tax, and the continuity and continuity of the relationship to provide labor.