The defendant's appeal is dismissed.

The summary of the grounds for appeal (misunderstanding of facts) is that F did not provide labor in a subordinate relationship, and thus, the Defendant is not obliged to pay F wages and retirement allowances.

Judgment

Whether an employee is a worker under the Labor Standards Act shall be determined by whether an employee provided labor in a subordinate relationship with an employer for the purpose of wages at a business or workplace. Whether an employee is a subordinate relationship as mentioned above shall be determined by the employer’s contents of work, and shall be subject to the rules of employment or service regulations, etc., and whether the employer designates working hours and working places and is detained by the employer, whether the employer is capable of operating his/her business on his/her own account, whether the employer has a risk, such as creation of profits through the provision of labor, and occurrence of losses, and whether the nature of remuneration is the object of his/her own work (see Supreme Court Decision 2006Do77, Sept. 7, 2007, etc.). In full view of the whole, it shall be determined by comprehensively taking into account the economic and social conditions, such as whether the employee provided labor in a subordinate relationship with the employer for the purpose

As long as it is recognized, there is a lack of circumstances or there is a difference in the position of the worker in the above series of statements.

Even if there are such reasons, it cannot be said that a worker is not an employee under the Labor Standards Act (see, e.g., Supreme Court Decision 2008Do11087, Apr. 23, 2009). Also, the circumstances such as whether a basic or fixed wage was determined, whether a labor income tax was collected at source, and whether a worker is recognized as an employee with regard to the social security system are highly likely to be arbitrarily determined by taking advantage of an economic superior position, should not be readily denied the worker’s nature, on the sole basis of the fact that such circumstances are not recognized.