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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
Reasons
1. Facts of recognition;
A. On April 16, 2015, the Plaintiff entered into a contract with the Defendant (hereinafter “instant contract”).
Labor contract documents
1. A worker employed by the employer in a contract;
2. Working conditions 1) Details of the annual salary: The 1/12 of the annual salary shall be paid monthly in equal amount for 10 days per month.
3) Time of payment: Retirement pay 4) On the 10th day of the following month as of the end of the 1st day of each month: The working conditions of 8 hours per day (except for middle and break hours): 08:30 hours per day to 17:30 hours per day: 08:30 to 17:30 hours per day; 08:30 to 12:30/30 on Saturdays; 40 hours per day; 40 hours per day: 7 in Haak-do, Hanam-do; 8) other working conditions: The employment rules and practices of the Republic of Korea.
3. Period of employment contract: From April 16, 2015;
B. The Plaintiff entered into the instant contract and retired after serving in the Defendant factory from April 16, 2015 to May 31, 2016.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings
2. The parties' assertion
A. The gist of the Plaintiff’s assertion was employed by the Defendant and retired from office as a factory manager from April 16, 2015 to May 31, 2016. As such, the Defendant is obligated to pay the unpaid wages, retirement allowances, and delay damages to the Plaintiff.
B. The gist of the defendant's assertion is that the plaintiff is an executive officer who is not the defendant's factory manager and has worked as the president in charge of the household construction business.
3. Determination
A. Determination as to whether the Plaintiff constitutes a worker under the Labor Standards Act should be made based on whether the form of a contract is an employment contract or a delegation contract is an employment contract, and whether the substance of the relationship to provide labor is whether the employer provided labor in a subordinate relationship with the employer for the purpose of wages in the business or workplace.
Here subordinate.