1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Basic Facts

The defendant is the founder and the president of the D kindergarten located in C (hereinafter referred to as "D kindergarten"), and after its establishment, it entrusted the operation of D kindergarten to E, F, etc., and the defendant directly operates since March 2015.

The Plaintiff driven a school bus of D kindergarten from December 3, 2010 to March 23, 2015, while the bus operated by the Plaintiff was owned by the Plaintiff, but was occupied by the name of ownership registration.

【In the absence of dispute, the Plaintiff asserted the purport of the Plaintiff’s assertion as to the entire arguments and records Nos. 2 and 6, and the entire purport of the pleadings, the Plaintiff offered labor to the Defendant in a subordinate relationship with the purpose of wages, such as having been commuting to and from work at the fixed time from February 1, 2011 to March 23, 2015, whose lending and borrowing work was restricted in principle, and having been waiting in an article room during a time other than operation, and having been doing various duties directed by the Defendant, such as players, toilets, parking lot management, and repair of various office fixtures, etc.

Therefore, the plaintiff is a worker of the defendant. The defendant is obligated to pay the plaintiff an extended allowance of 6,073,680 won, annual allowance of 2,294,400 won, retirement allowance of 11,038,880 won, and damages for delay.

Judgment

Whether a worker is a worker under the Labor Standards Act should be determined in substance rather than whether a contract is an employment contract or a contract for employment, depending on whether a labor provider provided an employer with work in a subordinate relationship for the purpose of wages at a business or workplace.

Here, whether or not a subordinate relationship is determined by the employer, and the rules of employment or service regulations are applied to the employer, whether or not the employer properly directs and supervises in the course of performing his/her duties, whether or not the employer designates working hours and place and is bound by the labor provider, and the labor provider itself.