1. The part against the defendant in the judgment of the first instance shall be revoked;

2. The plaintiff's claim against the above cancellation portion is dismissed.

3.

1. Basic facts

A. The Defendant is a corporation established on May 9, 1989 pursuant to the National Sports Promotion Act for the commemoration of the Seoul Olympic Games and the promotion of national sports, and was granted permission for rectification by the Minister of Culture, Sports and Tourism pursuant to the Bicycle and Motorboat Racing Act (hereinafter “Act”).

B. On December 200, the Plaintiff entered the corrective training center under the Defendant’s control and completed the qualification examination conducted by the Defendant, and entered into a corrective participation contract with the Defendant and participated in the racing held by the Defendant from June 18, 2002 to November 29, 2009.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 9, the purport of the whole pleadings

2. The assertion and judgment

A. The plaintiff's assertion was made under the defendant's direction and supervision, and retired from office as a corrective player belonging to the defendant from July 200 to November 29, 2009. Thus, the defendant is obligated to pay retirement allowances for the above service period to the plaintiff.

B. The defendant's assertion is not an employee under the Labor Standards Act, and the defendant is not obligated to pay the retirement allowance to the plaintiff.

C. (1) Determination criteria should be based on whether a contract form is an employment contract or a contract for employment, and whether an employee in substance provides labor to an employer for wages in a subordinate relationship with an employer for the purpose of wages in a business or workplace.

Here, whether a dependent relationship exists shall be determined by the employer, who is subject to the rules of employment or the rules of employment or the rules of service, etc., and in the course of performing the work, whether an employer designates working hours and working places, whether an employee is subject to detention, and whether a labor provider owns equipment, raw materials, working tools, etc., or has a third party employ and act on behalf of the employer.