1. The part of the judgment of the court of first instance against the defendant exceeding the following amount ordered to be paid shall be revoked.

The defendant.

1. The defendant has a principal office in Seongdong-gu Seoul Metropolitan Government and a branch office in Seocho-gu as a law firm that operates the business, etc. belonging to the attorney-at-law.

The Plaintiff, an attorney-at-law, worked in the Defendant’s Seoul branch office from October 15, 201 to December 1, 201.

The Plaintiff and the Defendant agreed to pay the Plaintiff’s benefits as KRW 5 million per month, and the Plaintiff received the same money as attached Table 1 from October 15, 2010 to January 13, 2017 from the Defendant.

[Reasons for Recognition] Facts without dispute, the whole documentary evidence, and the purport of the whole pleadings

2. Determination as to the cause of action

A. Article 2(1)1 of the Labor Standards Act provides that a person who provides labor to a business or workplace for wage purposes regardless of the type of occupation is an employee.

Whether the form of contract is a worker should be determined in substance by whether the worker provided work to the employer for the purpose of wages in the business or workplace, regardless of whether the contract is an employment contract under the Civil Act or a contract for work.

In order to determine whether such a subordinate relationship exists, the contents of the work shall be determined by the employer, and shall be subject to the rules of employment or the rules of service, etc. of the employer, and shall be subject to specific, individual command and supervision from the employer during the performance of the work, whether the working hours and place of work are designated by the employer, whether the employer is bound by the employer, whether the replacement of the work, such as providing services by employing a third party, whether the ownership of equipment and others, whether the nature of the remuneration is the subject of the work itself, whether the basic salary or the fixed wage is prescribed, and whether the wage is withheld from the wage and salary tax, etc.