Text
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff, including the part arising from the supplementary participation.
Reasons
1. The reasoning of the judgment of the court of first instance is as stated in the reasoning of the judgment of the court of first instance except for the following additional portions, and thus, it shall be quoted in accordance with Article 8(2) of the Administrative Litigation Act and Article 420 of the Civil Procedure Act.
The Plaintiff asserts that the Plaintiff is a separate workplace and the Plaintiff is a workplace that employs less than five full-time workers, considering the following: (a) the Plaintiff and C are completely divided into financial and accounting accounts; (b) the organization of office and personnel are separated; (c) each of the board of directors or shareholders’ meetings exists; (d) the business model and profit structure are completely different; and (e) the Plaintiff’s vice president is merely an intra-company director and is merely an non-standing worker in C.
However, according to the above facts and the above evidence, the intervenor entered into a labor contract with C and did not prepare a new employment contract after retirement or not prepare a new employment contract, and performed the same duties at the same place of work. The plaintiff expressed himself as "C's content director" even in the course of publishing duties, and according to the contract for business support on May 28, 2016, the plaintiff's promotion and external cooperation and other business related to general affairs are also supported by C. In addition, the production and trade of A App and contents necessary for AP, goods' overseas orders and import business are included in the scope and amount of business support. The above employment support contract only states the scope of business support and amount, and there is no content that can be ordinarily included in the preparation of a contract between independent company, such as renewal method, dispute resolution method, contract termination, and reasons for cancellation.