The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

The judgment of the first instance.

1. The parties' assertion

A. The Plaintiff was employed by the Defendant from January 21, 2013 to November 30, 2015, and served as petter.

The Plaintiff, during the working period, performed the work ordered by the Defendant at a fixed time and place under the direction and supervision of the Defendant, and received the remuneration determined by the Defendant in return, is apparent to constitute workers.

As above, since a labor relationship was terminated on November 30, 2015, the Defendant is obligated to pay the Plaintiff retirement allowance of KRW 4,809,032 and delay damages therefor.

B. The Plaintiff was selected for the Defendant’s business, and was able to freely adjust working hours without the Defendant’s permission, and the working place and equipment were provided by the Defendant as the Defendant’s head and were not detained.

In addition, the plaintiff was paid work costs according to the work volume and did not receive fixed benefits.

Therefore, the plaintiff's claim for retirement allowance is unfair since it is apparent that the plaintiff is not a worker but a franchise.

2. Determination

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 shall be a worker.

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 or a contract for work under the Civil Act.

In order to determine whether such a subordinate relationship exists, the employer shall be determined by the employer, subject to the rules of employment or service (person), etc., and shall also be subject to specific and individual command and supervision from the employer during the performance of his/her duties, whether the employer is designated as working hours and working places and is detained by the employer, and whether the employee himself/herself is a third party.