1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. Facts of recognition;

A. After its establishment in 2002, the Defendant has operated a driving school business, etc., and C Co., Ltd. (hereinafter “China Language Institute”) was established on July 18, 2013, and is running the Chinese Language Institute business.

B. From March 26, 2002, the Plaintiff entered into an employment contract with the Defendant annually, and until July 14, 2014, the Defendant’s private teaching institute provided lectures as Chinese language instructors.

C. From July 15, 2014, the Plaintiff entered into an annual agreement on the delegation of lecture with the Chinese Fishery Research Institute, and until August 31, 2016, the said private teaching institute took charge of lectures as Chinese language instructors.

[Reasons for Recognition: Facts without dispute, Gap 1 through 18, 22 through 28, 37, Eul 1 through 7, the purport of the whole pleadings]

2. The gist of the Plaintiff’s assertion is the so-called “joint business owner”, and the Plaintiff received labor as Chinese language lectures from the Plaintiff, which constitutes a business unit substantially identical to Chinese language research institute. As such, the Plaintiff, as the Defendant’s employee, may be deemed to have worked from March 26, 2002 at the Defendant’s place of business, and retired from office as of August 31, 2016.

Therefore, the Defendant ought to pay to the Plaintiff the retirement allowance following retirement from August 31, 2016, the weekly leave allowance from August 2014 to August 2016, and the overtime allowance from January 2016 to August 2016.

3. Determination

A. Whether a person is a worker under the relevant legal doctrine ought to be determined depending on whether the form of a contract is an employment contract or a delegation contract is an employment contract, and whether the substance of a labor provision relationship is a subordinate relationship to an employer for the purpose of wages at a business or workplace.

The issue of whether a dependent relationship exists shall be determined by the employer, who is subject to the rules of employment or service regulations, etc., and whether an employer exercises reasonable command and supervision during the performance of duties, the employer designates working hours and working places, and the employer is bound by the employer