1. Revocation of the first instance judgment.

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Basic Facts

The grounds for this court concerning each part of the argument and the summary of the defendant's argument are the same as that of the judgment of the court of first instance, and thus, they are cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.

Determination of whether the Defendant is a worker under the application of the Labor Standards Act, regardless of the form of contract, shall be based on whether the employee provides labor in a subordinate relationship with the employer for the purpose of wages. Determination of whether the dependent relationship here is determined by the employer and whether the employee is subject to the rules of employment, service regulations, personnel regulations, etc., whether the employee is subject to specific and direct direction and supervision in the course of performing his/her duties, whether the remuneration has the characteristic of labor himself/herself, withholding tax on wage and salary income, and whether the provision of labor is continuous and exclusive to the employer, etc. (see, e.g., Supreme Court Decisions 2006Da78466, May 31, 2007; 2005Du524, May 27, 2005); since it is recognized that the employee provided labor in a subordinate relationship with the representative director for the purpose of wages, it shall be determined by comprehensively considering the following factors: (i) whether the employee was subject to the employer’s right to work, and (ii) whether it actually lacks the above position or status of the employee.