The judgment of the first instance shall be revoked.

The plaintiff's claim is dismissed.

All costs of the lawsuit shall be borne by the plaintiff.

purport, purport, and.

1. Basic facts

A. The Defendant is a legal entity that operates the Boshan Private Teaching Institutes for Elementary, Middle, and High School (hereinafter “Defendant’s Private Teaching Institutes”) in Dobong-gu Seoul Metropolitan Government, and the Plaintiff is an instructor who lectures English subjects at the C branch of the Defendant’s Private Teaching Institutes from May 9, 2016 to March 1, 2018.

B. From May 9, 2016 to March 2017, the Plaintiff received remuneration from the Defendant’s private teaching institute as fixed wage; and from April 2017, the Plaintiff received remuneration calculated on the basis of the percentage of students according to the number of students.

C. The Defendant Private Teaching Institute withheld the Plaintiff at 3.3% of the business income tax, not the earned income tax, and the Plaintiff did not subscribe to the fourth insurance (National Pension Insurance, National Health Insurance, Employment Insurance, and Industrial Accident Insurance).

From March 1, 2017, the Plaintiff prepared a work log recording the Plaintiff’s commuting time, number of students attending the Plaintiff’s workplace, student attendance and the status of registered students and discharged students, Jindo class status, EST and task, telephone counseling and special circumstances, and posted it on EKa Pin (Ka P, opened and managed by F, the vice president of the Defendant’s driving school, and operated until December 30, 2017) on the name of “D” (the car page opened and managed by F, the vice president of the Defendant’s driving school, and operated on February 28, 2017).

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 2, 3, 5, Eul evidence Nos. 1, 2, 4, 9, 22, and the purport of the whole pleadings

2. Determination as to the cause of action

A. The Plaintiff’s assertion constitutes an employee under the Labor Standards Act employed by the Defendant’s educational institute, and thus, the Defendant is liable to pay the Plaintiff retirement allowance of KRW 6,736,403 and damages for delay calculated at the rate of 20% per annum from March 16, 2018 to the day of full payment, which is the day following the date of retirement of the Plaintiff, from March 16, 2018 to the day of full payment.

B. First of all, we examine whether the Plaintiff constitutes a worker under the Labor Standards Act who provided labor under employment by Defendant Private Teaching Institutes.

1. Whether it constitutes a worker under the Labor Standards Act.