The defendant's appeal is dismissed.

1. The summary of the grounds for appeal is that the Defendant was an employee of another company around June 2015, and thus, was not able to conclude a labor contract with E, and merely entered into a contract with E to pay fees for business activities of E, and thus, it cannot be deemed that E is an employee under the Labor Standards Act.

In addition, since E did not engage in business activities and did not have business results, it does not have any reason to pay business fees, and both work site and work site and work site are limited to voluntary preparation by E. Nevertheless, the judgment of the court below which recognized the facts charged in this case is erroneous by misapprehending the legal principles or misapprehending the legal principles.

2. Determination

A. Determination of whether a worker constitutes a worker under the Labor Standards Act is an employment contract or a contract for employment, and in substance, whether a worker provided labor in a subordinate relationship with an employer for the purpose of wages at a business or workplace. Determination of whether a dependent relationship as mentioned above exists shall be made according to the employer’s contents of work, and shall be subject to the rules of employment or personnel regulations, etc., the employer designates working hours and working place, and shall be subject to the employer’s considerable direction and supervision during the performance of work, and whether the employer is bound by the employer’s designation of working hours and working place, whether the employer is able to operate his/her business on his/her own account, such as whether the provider himself/herself owns any equipment, raw materials, working tools, etc., and causes damages to him/her, and whether the nature of remuneration was the subject of his/her work, basic or fixed wage, and whether the income tax was collected, and whether the employer has continued to provide labor and its exclusive relationship with the employer, and the social security system is an employee’s status.