1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1..

1. Facts of recognition;

A. The defendant is the representative of the headquarters, etc. DE in Gangnam-si C, who is engaged in beauty and beauty business with ten full-time workers.

B. From February 1, 2010 to January 19, 2016, the Plaintiff retired from the Defendant’s business.

C. As of the retirement date of the Plaintiff, unpaid wages that the Plaintiff had not received from the Defendant are KRW 1,738,612, and retirement allowances are KRW 18,344,850.

1) As stated in the above sub-paragraph (c) above, the Defendant was indicted on the violation of the Labor Standards Act that the Plaintiff’s wage of KRW 1,738,612, retirement allowance of KRW 18,344,850 was not paid within 14 days from the date of retirement, and was sentenced to a fine of KRW 4,00,000 on July 5, 2018 (which was sentenced to a fine of KRW 4,00,000 on the charge of violating the Guarantee of Workers’ Retirement Benefits Act) and was sentenced to a judgment dismissing the appeal on November 29, 2018 (which was sentenced to a judgment dismissing the appeal on November 29, 2018). The Defendant appealed again, but the said judgment became final and conclusive upon the dismissal of the appeal on February 1, 2019.

[Ground of recognition] Facts without dispute, Gap evidence 1, 13, Gap evidence 14-1 and 2, the purport of the whole pleadings

2. The gist of the parties’ assertion is to seek payment of unpaid wages and retirement allowances under the Labor Standards Act, on the premise that the plaintiff himself/herself has retired while serving as the employee of the defendant.

As to this, the Defendant asserts that the Plaintiff was only an independent business operator, and the Plaintiff did not constitute an employee, since the Plaintiff entered into a free occupation income contract with the Defendant from January 1, 2013, and operated beauty business as a franchise in D, and that the profit also did not receive business instructions and supervision from the Defendant during the period following the conclusion of the free occupation income contract with the Defendant, such as the agreement to distribute the profit in accordance with the pre-determined allocation rate.

3. Determination

A. Whether the Plaintiff is an employee under the Labor Standards Act, which is the standard for determining whether the Plaintiff is an employee.