1. The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.

The defendant.

1. The basic facts;

2. The grounds for this part of the parties’ assertion are the same as the corresponding part of the judgment of the court of first instance, and thus, they are quoted in accordance with the main sentence of Article 420 of the Civil Procedure Act.

3. Determination

A. It is reasonable to view that the Plaintiff was an employee of the Defendant Company (hereinafter “Defendant Company”) or the Defendant Company for the following reasons as to whether the Plaintiff is a worker.

1) Determination as to whether an employee is a worker under the relevant legal doctrine ought to be based on whether a contract is an employment contract, a delegation contract, or a subordinate relationship, practically provides an employee with work for the purpose of wage. Determination should be made by comprehensively taking account of the economic and social conditions of both parties, such as ① the employer’s contents of work, ② whether the employer has given considerable direction and supervision in the process of performing his/her duties, ② whether the employer is subject to the rules of employment or service (the employment rules, etc., ③ whether the employer is subject to employment hours and places, ③ whether the employer is subject to detention, ④ whether the employer is able to operate his/her business on its own account, ④ whether the employer has a burden of creating profits and incurring losses, etc. through the provision of work, ⑤ whether the employee has a characteristic of remuneration, ⑥ whether the employee has a basic wage or fixed wage, whether the amount of remuneration has been determined, 7 whether the employer has continued to provide labor, and whether the employer has exclusive affiliation to the employer, and whether other statutes on social security systems are recognized.

However, the employer is recognized as an employee in relation to whether the basic wage or fixed wage was determined, whether the labor income tax was withheld, and whether the social security system was recognized as an employee.