1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

1. The court's explanation of this case is the same as the reasoning of the judgment of the court of first instance, except for the following cases, and thus, this case is quoted in accordance with the main sentence of Article 420 of the Civil Procedure Act.

The term "materials" in two pages of the decision of the first instance shall be changed to "victim".

The following shall be added to three pages of the first instance judgment:

Determination of whether a worker is a worker under the Labor Standards Act shall be made on the actual aspect of the contract, regardless of whether the form of the contract is an employment contract under the Civil Act or a contract for work, depending on whether the worker provided work in a subordinate relationship with the employer for the purpose of wages. Determination of whether such a subordinate relationship exists should be made by comprehensively taking into account the following factors: (a) the content of the work is determined by the employer; (b) whether the employer is subject to the rules of employment or the rules of service; (c) whether the work hours and the place of work are designated by the employer; (d) whether the worker is replaced by the work; (e) ownership of equipment, raw materials, work tools; (e) whether the worker has a characteristic of work by employing a third party; (e) whether the characteristic of remuneration is a basic wage or fixed wage; (e) whether the wage has a characteristic of work by proxy; (e) whether the continuous provision of labor relations and the exclusive nature and degree of the employer; (e) whether the status of the worker is recognized under other Acts and subordinate statutes concerning social security systems

(See Supreme Court Decision 2006Da60793 Decided January 25, 2007). On three pages 4 of the first instance judgment, “2 million won” is changed to “2.2 million won or KRW 2.2 million.”

Three pages of the judgment of the first instance.