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1. All of the plaintiffs' claims are dismissed.
2. The costs of lawsuit are assessed against the plaintiffs.
Reasons
1. The key issue of the instant case is whether the Plaintiffs constitute a worker under the Labor Standards Act.
The plaintiffs claim that they are not, and they claim that they are not the defendants.
2. Determination of worker nature
A. Determination as to whether a worker is a worker under the general legal doctrine shall be based on whether a contract form is an employment contract or a contract for employment, and whether a worker has a subordinate relationship with an employer for the purpose of wages in a business or workplace as seen above. Determination of whether a labor relationship is subordinate to the above should be made by comprehensively taking account of the following: (a) the employer’s contents of work are determined by the rules of employment or the rules of service; (b) the employer is subject to the rules of employment or the rules of service; (c) the employer designates working hours and place; (d) the employer is bound by the employer; (d) whether a labor provider is capable of operating his/her business on his/her own account; (e) whether he/she owns equipment, raw materials, or tools of work; (e) whether he/she has a risk, such as the creation of profit and loss by providing labor; and (e) whether his/her remuneration has a basic wage or fixed wage; and (e) whether or her continuous relationship with the provision of labor is exclusive to an employer; and (e) economic and social conditions, whether the social security system is recognized.
However, the circumstances such as whether the basic wage or fixed wage has been determined, whether the labor income tax has been withheld, and whether the social security system has been recognized as an employee are not recognized merely because the employer is highly likely to arbitrarily determine it by taking advantage of the economic superior status.