1. The part against the defendant in the judgment of the court of first instance shall be revoked, and the plaintiff's claim corresponding to the revoked part shall be revoked.

1. Facts of recognition;

A. According to the Ministry of Education, Science and Technology’s “The Five-year Master Plan for School Violence Prevention and Five-year Master Plan,” and the “Operation Plan” of the Office of Education of Daegu Metropolitan City Office of Education, the Defendant publicly announced the recruitment of the volunteers on the B Elementary School website operated by the Defendant, and accordingly, selected the Plaintiff as the guardian of learning.

B. From September 1, 2010 to September 24, 2013, the Plaintiff, as a servant of B elementary school, performed activities, such as guidance for students, boarding schools, and traffic safety, patrol inside and outside the school, guidance for school violence, and protection of victim students. The Plaintiff was paid KRW 30,000 per day from B elementary school.

【In the absence of dispute over the grounds for recognition, Gap evidence 1, 2, 5, 6, Eul evidence 1 to 4, 3, and 4-1 to 3, 8-1, and 7, respectively, and the purport of the whole pleadings

2. The Plaintiff asserted that he worked at around 08:0 and left school at around 16:00 under the direction and supervision of the principal of B elementary school, and performed activities such as guidance of students, boarding school, and traffic safety, patrol inside and outside school, guidance of school violence, protection of victim students, etc.

This constitutes a case where a guardian provides labor in a subordinate relationship for the purpose of wage, regardless of the name of "service provider," and thus, the defendant is obligated to pay the minimum wage and the difference between wages actually paid, ii) annual paid leave allowance, iii) holiday work allowance, iv) unpaid retirement allowance and damages for delay to the plaintiff who is an employee.

3. Determination

(a) The term “worker” under the Minimum Wage Act and the Labor Standards Act means a person who provides labor to a business or workplace for wage purposes regardless of the type of occupation, and the term “wages” means wages, salaries and any other money or valuables, regardless of their titles, which the employer pays to the worker in compensation for work.