1. The plaintiff's claim is dismissed.

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

The summary of the parties’ assertion is that the Defendant employed the Plaintiff from January 9, 2016, and carried out a construction work for the interior of the Defendant’s store (hereinafter “instant construction work”). The Plaintiff, a worker, who was engaged in the instant construction work on January 28, 2016, inflicted an injury upon the Plaintiff on the sprinking and issuing the materials. As such, the Defendant is obligated to pay the Plaintiff KRW 300,000,000,000,000, and KRW 19,80,000,000,000, and KRW 12,50,000,000, and KRW 38,30,000,000,000, as disaster compensation under Article 78 of the Labor Standards Act.

The plaintiff is not the defendant's employee but merely the defendant's contract for the construction of this case to the plaintiff.

We examine whether the plaintiff was the defendant's employee in determining the cause of the claim.

In determining whether a worker is a worker under the Labor Standards Act, whether the form of the contract is an employment contract under the Civil Act or a contract for work, regardless of whether the contract is an employment contract under the Civil Act or a contract for work, the determination of whether a worker has provided labor in a subordinate relationship with the employer for the purpose of wages should be made based on whether the contents of the work are determined by the employer, whether the work is subject to specific, individual command and supervision, whether the work hours and the place of work are designated by the employer and are detained by the employer, whether the worker is replaced by the work, whether the work is owned by the equipment, raw materials and the work apparatus, etc., whether the characteristic of remuneration is the object of the work itself, whether the basic wage or fixed wage is determined, whether the wage is withheld from the wage income tax, and whether the provision of the work is continued and.