1. The plaintiff's appeal is dismissed.

2. The Plaintiff, including the part arising from the supplementary participation.

1. The reasoning of the judgment of the court of first instance, citing the instant case, is as stated in the reasoning of the judgment of the court of first instance, except for the following additional determination as to matters alleged by the Plaintiff even after filing an appeal, thereby citing it in accordance with Article 8(2) of the Administrative Litigation Act and the main sentence of Article 420 of the Civil Procedure Act.

【Supplementary Decision】

A. The gist of the plaintiff's assertion is that the intervenor was commissioned and worked as a volunteer of the community service center by the plaintiff, and it is difficult to see that the plaintiff provided labor in a subordinate relationship to the plaintiff for the purpose of wage as a worker, and therefore the refusal of re-commission is not unfair.

Nevertheless, the decision of the review of this case, which is premised on the assumption that the intervenor is a worker, should be revoked in an unlawful manner.

B. Determination 1) Determination of whether a contract constitutes a worker under the Labor Standards Act ought to be made depending on whether an employee provided labor in a subordinate relationship with an employer for the purpose of wages in substance rather than in an employment contract. Here, whether a subordinate relationship exists with an employer should be determined by the rules of employment or service (which shall be subject to the application of personnel regulations, etc.), whether the employer is subject to considerable direction and supervision by the employer in the course of performing the work, whether the employer is bound by the designation of working hours and place, whether the employer is able to operate his/her business on his/her own account, such as possessing equipment, raw materials, work tools, etc. or having a third party employ and act on behalf of the employer, whether the employer has a risk, such as the creation of profit and loss by providing labor, and whether the nature of remuneration is the subject of the work itself, whether the basic pay or fixed wage has been determined, and whether the income tax is withheld