1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

1. The parties' assertion

A. The Plaintiff’s assertion is an employee who was employed as a secondary manager on April 1, 2013 and retired on October 22, 2017 at the place of sports massage (hereinafter “instant place of business”) under the mutual management of “E” in the area of Drown-si, Hanam-si, the Defendant’s place of business.

However, until now, the defendant does not pay 20,088,447 won as retirement allowance to the plaintiff.

B. Since there was no labor relationship between the Plaintiff and the Defendant’s assertion, the Plaintiff’s claim is unreasonable.

2. Determination

A. Determination of whether a contract constitutes a worker under the Labor Standards Act shall be made in substance regardless of whether the contract is an employment contract under the Civil Act or a contract for work, and whether an employee provides labor in a subordinate relationship with an employer for the purpose of wages. Determination of whether the contents of work are determined by an employer and are subject to rules of employment, service regulations, personnel regulations, etc., and are specifically and directly directed and supervised by the employer in the performance of work, whether the employer is designated and the place of work is detained by the employer, whether the worker is replaced by the work, whether the worker has the characteristic of the worker, whether the remuneration has the characteristic of the worker, whether the basic salary or fixed wage has the characteristic of the worker, whether the wage has the characteristic of the worker's body, whether the wage has the continuity and degree of the employment relationship, whether the status of the worker is exclusive to the employer, and whether the economic and social conditions of the Parties are recognized by other Acts and subordinate statutes regarding social security system, etc.