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(영문) 수원지방법원 2017.08.17 2016나15645
강사료
Text

1. The judgment of the court of first instance is modified as follows.

The defendant shall pay to the plaintiff KRW 14,682,080 and KRW 10,540,300 among them.

Reasons

1. The gist of the Plaintiff’s assertion is: (a) the Plaintiff, employed as an instructor of the Defendant’s high school group and the high school group; and (b) yet to receive tuition fees of the Plaintiff; (c) KRW 3,760,00 on August 8, 2014; (d) KRW 4,637,520 on September 4, 2014; (e) KRW 3,340,00 on October 3, 2014; and (e) KRW 6,384,940 on the sales of teaching materials during the period from the middle examination of the second semester to the end of the second semester in 2012 to the end of the second semester in 2013; and (e) sought payment of teaching materials sales revenue of KRW 18,122,460 on the basis

2. Determination on the cause of the claim

A. The key issue is whether the Plaintiff’s employee status is recognized or not. The Plaintiff asserts that the Plaintiff should be paid damages for delay at 20% per annum as prescribed by the Labor Standards Act, inasmuch as he/she was employed as an instructor in the lower-tier relationship with the Defendant. The issue is whether the Plaintiff is an employee under the relevant legal doctrine is a contract for employment. The issue is whether the form of a contract is an employee, and whether the employee provided labor in a subordinate relationship with the employer for the purpose of wages in substance should be determined depending on whether the employer provided labor in a subordinate relationship with the employer. The issue is whether the employer has a subordinate relationship in this context is determined by the rules of employment or service (the rules of employment) and the rules of employment and the rules of service (the rules of employment). Whether the employer is designated as working hours and place, whether the employee is bound by the employer, whether the employer is capable of carrying on his/her business on his/her own account by possessing equipment, raw materials, working tools, etc., or whether the employer voluntarily has a risk of causing losses through the provision of labor, and the nature of remuneration.

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