임금
Of the judgment of the first instance, the part against the plaintiff falling under the following amount shall be revoked.
The defendant.
1. Basic facts
A. From September 1, 2012 to July 23, 2018, the Defendant operated the clothing wholesale business under the trade name “D” in Jung-gu Seoul Metropolitan Government.
B. From September 2015 to April 2018, the Plaintiff was in charge of market research, clothing design, business hosting, nuclear power plant management, etc. necessary for the manufacturing of clothing at the Defendant’s place of business.
(c)
The details of money paid by the Defendant to the Plaintiff in relation to the performance of the above duties are as shown in the attached Form.
[Ground for Recognition: Facts without dispute, Gap evidence Nos. 1 through 10, Eul evidence Nos. 1 through 4, the purport of the whole pleadings]
2. The parties' assertion
A. The Plaintiff was paid KRW 1,800,000 monthly wage at the Defendant’s workplace. The Defendant sought payment of the unpaid amount on the ground that the Defendant did not pay the Plaintiff KRW 19,800,000 (= KRW 1,800,000 x 11 month) out of the wages corresponding to the service period from February to April 2018.
B. The plaintiff is a franchise which enters into an entrustment contract with the defendant, and does not constitute a worker who has continuously provided labor in a subordinate relationship with the defendant's workplace for the purpose of wages.
Since the defendant fully pays the fees to the plaintiff for business entrustment, the defendant has no obligation to pay wages to the defendant.
3. Whether the Plaintiff constitutes a worker under the Labor Standards Act
A. Determination as to whether a person is a worker under the relevant legal principles and the Labor Standards Act is an employment contract or a contract for employment, depending on whether a person engaged in a business or a workplace provided an employer with work in a subordinate relationship for the purpose of wages at the business or workplace. Here, whether a subordinate relationship exists is determined by the employer’s contents of work, and is subject to the rules of employment or the rules of employment (personnel) and is subject to considerable direction and supervision by the employer in the course of performing work, the employer is