The appeal is dismissed.

The costs of appeal are assessed against the intervenor in the defendant suit.

The grounds of appeal are examined.

1. Regarding ground of appeal No. 1

A. The term “worker” under the Industrial Accident Compensation Insurance Act refers to an employee under the Labor Standards Act.

(Article 5 subparag. 2 of the Labor Standards Act). Determination of whether a person is a worker under the Labor Standards Act should be made depending on whether the substance of the labor provision relationship is a subordinate relationship to an employer, rather than whether a contract is an employment contract, a contract, or a delegation contract.

In this context, whether an employer has a subordinate relationship should be determined by comprehensively taking account of various economic and social conditions, such as determining the content of work, whether the employer is subject to the rules of employment or service, whether the employer is subject to considerable direction and supervision during the performance of work, whether the employer is bound by the working hours and place, whether the employer is capable of operating his/her business on his/her own account, whether the employer is able to own equipment, raw materials, working tools, etc. or have a third party employ and act on behalf of him/her, whether the employer has a risk, such as creation of profit and loss, etc. through the provision of labor, whether the nature of remuneration is the subject of work itself, whether the basic salary or fixed wage has been determined and withheld, whether the relationship with the provision of labor was continuous, exclusive to the employer, and whether the status of

However, the circumstances such as whether the basic wage or fixed wage was determined, whether the labor income tax was withheld, and whether the social security system was recognized as an employee should not be readily denied the nature of workers on the sole basis of the fact that the employer is highly likely to arbitrarily determine by taking advantage of the economic superior position.