1. The plaintiff's claims against the defendants are all dismissed.

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

1. The Defendants of the basic facts are the owners of Seongbuk-gu Seoul Metropolitan Government Q Housing (hereinafter “instant Loans”). The Plaintiff received KRW 700,000 per month from the Defendants, and performed the duty of cleaning the instant houses from July 1, 2007 to the Plaintiff, but the Defendants notified the Plaintiff of the dismissal on May 26, 2013 through the neighbors’ meeting of the instant housing. The Plaintiff discontinued the said duty on May 31, 2013.

[Ground of recognition] Facts without dispute, purport of whole pleading

2. The gist of the Plaintiff’s assertion was that the Plaintiff did not enter into an employment contract in form with the Defendants. However, in performing his/her duties, the Plaintiff provided labor in subordinate relationship with the Defendants such as specific command and supervision. Therefore, the Plaintiff constitutes a worker as prescribed by the Labor Standards Act.

Therefore, the Plaintiff’s monthly wage under the Minimum Wage Act is the same as the “labor wage” in the attached Table. The Defendants paid only KRW 700,000 which falls short of the monthly wage as the monthly wage, and did not pay the aggregate of KRW 27,160,700 in the attached Table. Therefore, the Defendants are jointly and severally liable to pay the Plaintiff the said delinquent wage as the delinquent wage.

In addition, the Defendants are jointly and severally liable to pay to the Plaintiff the total amount of retirement allowances of 2,125,084 won [=1,521,912 won = from December 1, 2010 to December 31, 2012: 48,600 won x 30 days x (762 days/365 days) x 50%) 603,172 won [48,600 won x 30 days x 30 days x 50 days] under the Labor Standards Act (i.e., 48,60 won from January 1, 2013 to May 31, 2013)] 603,172 won (i.e., 48,600 won x 30 days) x 30 days x (151/365) x 50%) and pre-announcement allowances (i.e., 458,600 days).

3. Determination

A. Determination of whether a worker is a worker under the Labor Standards Act shall be based on whether the form of a contract is an employment contract or a contract for work is in substance, depending on whether an employee provided labor to an employer for the purpose of wages in the business or workplace, and the subordinate relationship here is determined.