A. The Defendant is a person who operates the E-private teaching institute (hereinafter “instant private teaching institute”) located in Dongjak-gu Seoul Metropolitan Government D.

B. From February 15, 2011 to November 11, 2014, Plaintiff A served as a Korean language instructor and a standing lecturer at the instant private teaching institute, and Plaintiff B served as a Korean language instructor and a standing instructor from January 14, 2013 to November 11, 2014.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 7, purport of the whole pleadings

2. Determination as to the cause of action

A. The parties asserted that: (a) Plaintiff A, from February 15, 201 to November 11, 2014; (b) Plaintiff B, from January 14, 2013 to November 11, 2014, provided continuous labor as a full-time lecturer at the instant private teaching institute; and (c) retired from office; (d) the Defendant is obligated to pay Plaintiff A total of KRW 14,150,126 for retirement allowances and annual leave allowances for the said period, as a full-time lecturer; and (e) the Defendant is obligated to pay Plaintiff A total of KRW 29,563,205, and annual leave allowances.

As to this, the defendant asserts that the plaintiffs are individuals, not workers, and therefore they do not have the obligation to pay retirement allowances to the plaintiffs.

B. (1) Determination of whether a person constitutes a worker under the Labor Standards Act ought to be made depending on whether the form of a contract is an employment contract, or whether the substance of a labor provision relationship is a labor provider’s subordinate relationship for the purpose of wages in the business or workplace.

In this context, whether or not a dependent relationship is determined by an employer and is subject to rules of employment or service regulations, and whether an employer exercises considerable command and supervision during the performance of duties, whether an employer designates working hours and working places and is detained by an employer, and a labor provider owns equipment, raw materials, working tools, etc. or has a third party employ and act on behalf of the employer.