1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

1. The parties' assertion

A. From February 8, 2011 to December 31, 2013, the Plaintiff’s summary of the Plaintiff’s assertion served as the field director who received wages of KRW 2 million per month from the Defendant Company. The Defendant Company is obligated to pay to the Plaintiff the amount of unpaid wages of KRW 38 million from June 8, 2012 to December 2013 as well as retirement allowances of KRW 44 million, including retirement allowances of KRW 6 million, and delay damages therefrom.

B. The Plaintiff’s summary of the Defendant Company’s claim for wages and retirement allowances from February 8, 2011 to December 31, 2013, on the basis that the Defendant Company subscribed to four insurance against the Plaintiff. However, the Plaintiff continued its business, such as receiving a subcontract construction work from the Defendant Company and receiving the construction cost, and was not an employee subordinate to the Defendant Company. Even if the Plaintiff’s claim for wages and retirement allowances against the Defendant Company exists as alleged in the Plaintiff’s domestic affairs, the statute of limitations has expired for the period of three years from the date of the Plaintiff’s retirement.

2. Determination

A. Determination of whether the cause of the claim constitutes a worker under the Labor Standards Act ought to be made in accordance with whether the form of a contract is an employment contract or a contract for employment, and whether the substance thereof is whether the worker has provided an employer with labor for wages in subordinate relationship with the employer.

Here, whether or not a subordinate relationship is determined by the employer, and the rules of employment or service regulations are applied, whether or not the employer directs or supervises the employer in the course of performing the work, whether or not the employee is bound by the designation of the working-hour place, whether or not the labor provider is capable of operating its business on its own account, whether or not the labor provider is capable of operating its business on its own account, such as holding the raw materials or tools of work, or having a third party employ and act on behalf of him/her, and whether or not