1. The Defendant’s KRW 64,152,397 as well as 6% per annum from January 1, 2010 to January 15, 2010, and the following.

1. Basic facts are: (a) the Plaintiff entered into a contract to enter into an English lecture and research agreement with the Defendant; and (b) the fact that the Plaintiff was engaged in an English English instructor from September 1, 2002 to January 1, 2010, at CResearch Institute, which is a private teaching institute in preparation for university entry examinations operated by the Defendant, does not conflict between the parties.

2. The parties' assertion

A. The plaintiff was directed and supervised by the defendant during the above tenure of office and provided labor to the defendant. Thus, the defendant must pay the retirement allowance to the plaintiff who is an employee under the Labor Standards Act.

B. The Plaintiff is only a business operator who provides lectures in accordance with an entrustment contract with the Defendant, and did not receive the Defendant’s direction and supervision during the course of providing lectures, and thus does not constitute a worker under the Labor Standards Act.

3. Whether a worker is a worker under the Labor Standards Act should be determined by whether the form of a contract is an employment contract or a contract for work, and in substance, whether a worker provided work in a subordinate relationship with an employer for the purpose of wages in the business or workplace. Here, whether a subordinate relationship exists shall be determined by the employer’s content and shall be subject to the rules of employment or the rules of employment, and shall be subject to the rules of employment or the rules of employment, and whether the employer is subject to considerable direction and supervision in the course of performing the work, whether the employer designates working hours and place and is subject to detention, whether the employer is able to operate the business on his/her own account, such as the purchase of equipment, raw materials, work tools, etc., or the occurrence of losses by the provision of labor, and whether the employer has a self-employed risk, such as the creation of profits and the occurrence of losses, etc. by the provision of labor, whether the nature of the remuneration is