beta
Text
1. All appeals filed by the plaintiffs are dismissed.
2. The costs of appeal are assessed against the Plaintiffs.
The purport of the claim and appeal is the purport of the appeal.
Reasons
Basic Facts
The court's explanation on this part is the same as the entry of "1. Basic Facts" in the reasoning of the judgment of the court of first instance, and this part is cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.
Although the plaintiffs asserted that they concluded a formal delegation contract with the defendant, they correspond to workers as provided by the Labor Standards Act, the defendant is obligated to pay retirement allowances as stated in the purport of the claim and compensation for delay thereof to the plaintiffs.
Judgment
The determination of whether a contract constitutes a worker under the Labor Standards Act is a contract for employment or a contract for work, depending on whether an employee provided labor in a subordinate relationship with an employer for the purpose of wages at a business or workplace. Determination of whether a dependent relationship as mentioned above exists should be made by comprehensively taking account of various economic and social conditions, such as the employer’s determination of the work contents, whether the employer has a considerable direction and supervision in the process of performing the work, whether the employer designates work hours and work places, whether the employer is bound by the employer, whether the employer is able to operate his/her business on his/her own account, whether the employer is able to own equipment, raw materials, work tools, etc. or have a third party employ and act as an agent for him/her, whether the risk, such as the creation of profit and loss, etc. through the provision of labor, whether the basic salary or fixed wage was determined, whether the wage was determined in the nature of the work itself, whether the wage tax was withheld, whether the continuousness and the degree of the employment relationship with the employer, and whether the social security system is recognized as an employee.
However, whether the basic wage or fixed wage has been determined, whether the income tax has been withheld, or not.