1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

1. The Defendant’s basic facts are operating the Dental Institute located in Sungnam-si (hereinafter “instant private teaching institute”), and the Plaintiff’s strong English subject in the instant private teaching institute from December 2, 2005 to February 2, 2012 does not conflict between the parties.

2. The parties' assertion

A. The plaintiff's assertion constitutes a worker under the Labor Standards Act who provided labor to the defendant in a subordinate position according to the defendant's business instruction and received wages in return, and thus, the defendant is obligated to pay the plaintiff a retirement allowance, such as the written claim

B. The Defendant’s assertion that the Plaintiff was not an employee under the Labor Standards Act, not a subordinate relationship with the Defendant, and the instant private teaching institute was not a business place subject to retirement allowance payment under the Labor Standards Act as of December 2010. Since the Plaintiff had not provided labor for more than 15 hours a week at the instant private teaching institute even after December 2010, the Plaintiff did not provide labor for more than 15 hours a week, the Plaintiff’s claim for retirement allowance is unreasonable.

3. Determination

A. Whether a worker is a worker under the relevant legal doctrine ought to be determined depending on whether a contract form is an employment contract or a contract for work, in substance, whether an employee provided work in a subordinate relationship with an employer for the purpose of wages at a business or a workplace. Whether there is a subordinate relationship as seen above is determined by the employer, and whether the employer has a reasonable direction and supervision in the course of performing work, whether the employer designates work hours and work place, whether the employee is bound by the employer, whether the employer can conduct business on his/her own account, such as possessing equipment, raw materials, work tools, etc. or having a third party employ and act on his/her behalf, and the creation of profits through providing labor.