1. The disposition that the Defendant returned a substitute payment to the Plaintiff and additionally collected on February 6, 2014 is revoked.

2. The costs of lawsuit shall be.

1. Details of the disposition;

A. On April 19, 201, the Plaintiff filed an application with the Defendant for a substitute payment on the ground that he/she worked as an employee of B (hereinafter “B”) but was not paid wages due to B’s bankruptcy. On May 19, 2011, the Plaintiff received substitute payment from the Korea Workers’ Compensation and Welfare Service (hereinafter “instant substitute payment”).

B. On February 6, 2014, the Defendant issued a substitute payment as if the Plaintiff was an individual constructor, and received the instant substitute payment by unlawful means as if he/she was an employee B, Article 14 of the former Wage Claim Guarantee Act (amended by Act No. 12528, Mar. 24, 2014); Article 20 of the former Enforcement Decree of the Wage Claim Guarantee Act (amended by Presidential Decree No. 25630, Sept. 24, 2014); Article 11 of the former Enforcement Rule of the Wage Claim Guarantee Act (amended by Ordinance of the Ministry of Employment and Labor No. 108, Sept. 25, 2014); additionally collecting KRW 7.8 million, the instant substitute payment received by the Plaintiff pursuant to Article 11 of the former Enforcement Rule of the Wage Claim Guarantee Act.

(hereinafter “Disposition in this case”). / [Grounds for recognition] without dispute, entry of Gap evidence No. 2, and purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion is a worker under the command and supervision from B with several workers for the purpose of wages in the position of the head of the working group or team leader.

Therefore, the disposition of this case based on the premise that the plaintiff is an individual entrepreneur who is not the employee B, should be revoked as it is unlawful.

B. Determination as to 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 employment, and whether an employee provided labor in a subordinate relationship with an employer for the purpose of wages at a business or workplace. Here, whether a subordinate relationship exists shall be determined by the employer’s rules of employment or employment.