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1. The Defendant shall pay to the Plaintiff KRW 19,422,681 and the interest rate of KRW 20% per annum from October 4, 2014 to the day of complete payment.
Reasons
1. The parties' assertion
A. The plaintiff is an employee under the direction and supervision of the defendant while working as a computer instructor after school belonging to the defendant, and is paid a fixed amount of wages in return for providing labor.
Therefore, the defendant is obligated to pay the plaintiff the total amount of 19,422,681 won of retirement allowance and annual allowance.
B. The plaintiff does not constitute an employee under the Labor Standards Act.
2. Determination:
A. Whether the Plaintiff constitutes a worker under the relevant legal doctrine 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 provided labor in a subordinate relationship with an employer for the purpose of wages in substance. Whether a dependent relationship as mentioned above exists should be determined by comprehensively taking account of the following factors: (a) whether the employer determines the work details and whether the employer has a considerable command and supervision in the process of performing the work under the rules of employment or employment (which shall be subject to the personnel regulations, etc.); (b) whether the employer is subject to the employer’s designation of work hours and work place; (c) whether the employer is subject to detention; (d) whether the employer is capable of operating his/her business on his/her own account; (d) whether the employer has a risk, such as the creation of profits and losses through the provision of labor; and (e) whether the nature of remuneration has a basic wage or fixed wage; and (e) whether the relationship between the provision of labor and the exclusive nature of the employer; and (e) whether the status of an employee is recognized as a social security system.
However, whether the basic wage or fixed wage has been determined, and whether the income tax has been withheld.