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 Plaintiff asserted that the instant claim is the cause of the claim, and the Plaintiff was employed by the Defendant from September 18, 201 to December 24, 2016, and served as a driver of ready-mixed Transport Vehicle, but during the said period, the Plaintiff asserted that the Plaintiff was not paid the retirement allowance of KRW 12,009,635 (=daily average wage of KRW 75,984 (=6,914,560/91) x 30 days x (1,923/365) 】 (30 days) 】 (1,923/365 days). The Defendant asserted that the Plaintiff was only the contractor who entered into a contract with the Defendant and was not a worker.

2. The relevant legal principles must be the employee under the Labor Standards Act in order to claim a retirement allowance to the defendant. In general, the determination of whether the contract is a worker under the Labor Standards Act, regardless of whether the contract is an employment contract under the Civil Act or a contract for employment, shall be based on whether the worker provided labor in a subordinate relationship with the employer for the purpose of wages. In determining whether the contract is a subordinate relationship, the contents of the work shall be determined by the employer, the rules of employment or service shall be applied. In the process of performing the work, whether the worker is subject to specific individual direction and supervision from the employer, whether the working hours and place are designated by the employer and the place of work, whether the worker is subject to replacement of the work, whether the ownership of materials, working tools, etc., ownership of materials, etc., the characteristic of remuneration, whether the basic wage or fixed wage is determined, whether the wage is withheld from wage and salary income tax, matters concerning remuneration for the continuation and degree of the employment relationship, and social security system, etc. under other Acts and subordinate statutes.