1. The Defendant’s KRW 25,881,256 for Plaintiff A and its related costs from September 19, 2014, and KRW 14,868,370 for Plaintiff B and its related costs.

1. Basic facts

A. The defendant is a corporation that operates computer education and private teaching institutes.

B. From December 8, 2011 to September 4, 2014, Plaintiff B served as an instructor belonging to the Ministry of Education at a private teaching institute operated by the Defendant from June 9, 2012 to February 13, 2014, Plaintiff C from June 10, 2013 to October 11, 2014, and Plaintiff D from May 7, 2012 to August 26, 2013.

C. Meanwhile, in a case where the plaintiffs are recognized as workers, wages and retirement allowances that the plaintiffs did not receive from the defendant are KRW 25,881,256, Plaintiff B’s 14,868,370, Plaintiff C’s 13,383,918, and Plaintiff D’s 8,498,110.

[Ground of recognition] Facts without dispute, Gap evidence 1, Eul evidence 1 (including paper numbers, hereinafter the same shall apply), the purport of whole pleadings

2. Assertion and determination

A. Determination 1 on the Plaintiffs’ assertions 1) The Plaintiffs were the employees under the Defendant’s substantial direction and supervision while serving as instructors at the Defendant’s driving school. As such, the Defendant asserts that the Defendant is obligated to pay wages and retirement allowances to the Plaintiffs as prescribed by the Labor Standards Act. 2) Whether a contract constitutes an employee under the Labor Standards Act ought to be determined depending on whether the form of a contract is an employment contract or a contract for employment, and whether an employee in substance provided labor in a subordinate

In this context, whether an employer has a subordinate relationship with each other shall be subject to the rules of employment or the rules of service, etc. of the employer, whether an employer is subject to considerable direction and supervision in the course of performing duties, whether an employer is designated working hours and working places, and whether an employee is bound by the employer, whether a labor provider is capable of operating his/her business on his/her own account, such as possessing equipment, raw materials, working tools, etc. or having a third party employ and act on behalf of him/her, and cause profit and loss from