A. A. Around January 2016, the Defendant, a broadcasting program producer, concluded a stamp overseas dispatch contract (hereinafter “instant contract”), such as the attached Form, between the Plaintiff and the Plaintiff, who is a producer in China, employed the amount of 50 times Chinese drama “C” to a project produced in China as a general producer in the production of the said drama, and dispatched the Plaintiff, a producer in China, to China, while setting the Plaintiff’s personnel cost of KRW 98,00,000.

B. The broadcast was completed on May 31, 2016, and the broadcast was commenced on July 27, 2016.

C. Meanwhile, the Defendant paid only KRW 19,600,000 on January 18, 2016, and KRW 19,600 on March 2, 2016 to the Plaintiff.

2. Determination:

A. The plaintiff asserts that (i) the plaintiff is obligated to pay 58,800,000 won (=98,000,000 won - 19,600,000 won - 19,600,000 won) payable to the plaintiff, since he/she was employed by the plaintiff and performed his/her duties.

D. The defendant asserts that the contract of this case is merely a service contract between the plaintiff and the defendant, and that the plaintiff cannot respond to the above claim for wages.

(b) Article 2 (Definitions) (1) of the Labor Standards Act shall be defined as follows:

1. The term "worker" means a person who provides his/her labor for wages or at a business or workplace, regardless of the type of occupation;

4. The term "labor contract" means a contract which is entered into in order that a worker offers work for which the employer pays its corresponding wages;

5. The term "wages" means wages, salary and any other kind of money or valuables, regardless of their titles, which the employer pays to a worker as remuneration for work;

Article 58 (Special Cases for Calculation of Work Hours) (3) Business prescribed by Presidential Decree which requires the delegation of work methods to workers at their discretion, considering the nature of work, shall be made in writing with the representative of workers.