1. The plaintiff (Counterclaim defendant)'s main claim is dismissed.

2. The costs of lawsuit shall be assessed by adding a principal lawsuit and a counterclaim;

1. Facts of recognition;

A. The Defendant is a company established for the purpose of concluding a life insurance contract, etc., receiving insurance premiums, paying insurance proceeds, etc., and the Plaintiff runs an insurance business using the customer phone number (DB; hereinafter “DB”) provided by the Defendant from December 10, 199 to October 1, 2013.

B. During the business period, the Plaintiff worked as an insurance solicitor from the foreign exchange credit card (main), (main), (main), (main) home shopping, (main) department store, and (s) card (main) etc. (hereinafter “insurance agency”) which entered into a contract with the Defendant’s insurance agency, and returned to the Defendant’s insurance solicitor.

C. The Plaintiff entered into a commission contract with the Defendant and the insurance agency and worked.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, Eul evidence Nos. 2 and 32, the purport of the whole pleadings

2. Determination as to the claim on the principal lawsuit

A. The plaintiff's assertion constitutes a person who retired from office by entering into a commission contract with the defendant and soliciting him to buy insurance by telephone, and thus is subject to the application of the Labor Standards Act, the defendant is obligated to pay 37,916,696 won as retirement pay to the plaintiff.

B. Determination of whether a person is a worker under the Labor Standards Act should be made based on whether a contract form is an employment contract or a contract for employment, and whether an employee provided labor to an employer in a subordinate relationship with an employer for the purpose of wages at a business

In this context, whether an employer has a subordinate relationship is determined by the contents of work, subject to rules of employment or personnel regulations, and whether an employer has a considerable command and supervision in the course of performing work, whether an employer is designated working hours and working places, and whether an employee is subject to detention, and a labor provider’s own equipment, raw materials, working tools, etc.