1. The judgment of the first instance is modified.

All of the plaintiffs' primary and conjunctive claims are dismissed.

2. The total cost of the lawsuit.

1. Progress;

A. In the first instance trial, the Plaintiffs concluded each of the instant subcontract agreements with respect to five new apartment construction works, including E Apartment Construction, to subcontract the part of reinforced concrete construction to L (the term “the first instance judgment”), and L concluded each of the instant sub-subcontracts with the Plaintiffs to re-subcontract the dismantling and rearrangement of reinforced concrete construction works among the reinforced concrete construction works, and the Plaintiffs did not receive labor costs from L. The Plaintiffs asserted against the Defendant that ① (i) labor costs of KRW 2,147,732,048, which are equivalent to the amount of labor costs, based on the Defendant’s duty to pay labor costs or agreement, and (ii) claims damages of KRW 2,147,732,048, which is equivalent to the amount of labor costs, based on the Defendant’s employer’s responsibility against the Defendant’

B. The first instance judgment dismissed all the Plaintiffs’ primary and conjunctive claims.

The plaintiffs appealed in the judgment of the court of first instance after classifying the claim amount of KRW 2,147,732,048 for each plaintiff and claiming KRW 927,386,00 for each plaintiff and KRW 1,220,346,048 for the plaintiff Eul, and the plaintiff Eul also changed the form of the claim and the cause of the claim, and also changed the form of the claim and the cause of the claim.

2. Judgment as to the main claim

A. Determination of whether a person is a worker under the Labor Standards Act shall be based on whether, regardless of the form of a contract, labor is provided to an employer for the purpose of wages in substance. On the contrary, determination of who is liable to pay wages and retirement allowances to a certain employee should be based on a substantial labor relationship regardless of the form of a contract or the content of the relevant laws and regulations.

Supreme Court Decision 2012. 201