1. The part of the judgment of the court of first instance against the defendant shall be revoked.

2. The plaintiff's claim corresponding to the above revocation part.

1. The parties' assertion

A. Since Plaintiff (i) was employed by the Defendant from June 9, 2012 to June 13, 2014, and (ii) was drums and drums at the main points of “D” located in Seocheon-si, Seocheon-si, the Defendant is obligated to pay the Plaintiff the unpaid wages of KRW 10,80,000 during the said period.

B. The above main points of the defendant E, the defendant was employed by E, and the defendant was drums and drums at the above main points.

On January 2, 2013, the Plaintiff visited the said main place as a customer, and then wanting to find the Defendant and have a forum around January 2014, and sent time from that time to that point, such as taking music lessons or singing books and drinking books, and drinking with the customer.

There is no authority to conclude an employment contract with the plaintiff and there is no fact that the defendant has entered into an employment contract.

2. Determination

A. The facts of recognition 1) E, after completing business registration as the representative of the above main office on January 30, 2013, started business, and closed business on July 28, 2014 (2) (2) the Defendant was investigated as the actual operator qualification of the above main office in the real case where: (a) the Defendant, an incorporated association, can make a musical performance as a member of the Korean Association of Entertainment Arts (B); (b) the Plaintiff was in arrears with the Defendant’s wages to the Busan Regional Employment and Labor Office; and (c) the Plaintiff was investigated as the actual operator qualification of the said main office in the above case.

3) As a result of the investigation of the said petition case, the Ministry of Central and Medium Regional Employment Agency concluded the relevant petition case on the ground that it is difficult to view the Plaintiff as an employee under the Labor Standards Act (B-1-5) in light of the following: (a) the term of contract, wages, and details of business, etc. between the original Defendant; (b) the Plaintiff entered the above main points at night while operating a childcare center during the day; and (c) the Plaintiff received the payment of the amount of money or the amount of money, from the customer, without regularly receiving the payment of money (B-1-5); and (d) the Plaintiff began to receive only the money from the customer on June 5, 2012; and (e) from the Defendant on December 23, 2013 to the payment of KRW 600,000 per month.