1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

The first instance court.

1. Basic facts

A. The Defendant is a person who carries on a business such as waterproof and collection and repair with the trade name “D” in Changwon-si, Changwon-si, Masan-si C.

From August 4, 2012 to January 31, 2013, the Defendant undertaken the F roof Replacement Project (hereinafter “instant construction”) located in Gyeongnam-gun E (hereinafter “instant construction”).

B. The Plaintiff, along with the Defendant, worked on the said construction site from August 1, 2012 to October 9, 2012.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, Eul evidence Nos. 7 and 8, the purport of the whole pleadings

2. The parties' assertion

A. The plaintiff's assertion is employed by the defendant and worked as a wooden tree at the construction site of this case, and the defendant must pay the plaintiff the wages in arrears of 5.55 million won and damages for delay.

B. The Plaintiff and the Defendant asserted that the external business affairs were carried out by the Defendant while conducting roof improvement or house repair business, and the Defendant took charge of technical construction affairs, and distributed 1/2 of the remainder after deducting expenses from profits. Thus, only the Plaintiff and the Defendant are joint business owners who work together with the Plaintiff.

3. Determination

A. The plaintiff's claim of this case as to whether the plaintiff is an employee is entitled to wages on the premise that the plaintiff is an employee under the Labor Standards Act, and this case's claim is first examined as to whether the plaintiff is an employee.

1) Determination of whether a person is a worker under the relevant legal doctrine is an employment contract or a contract for employment. Determination of whether a worker has a subordinate relationship with an employer for the purpose of wages in a business or workplace should be made depending on whether the employer provided work for the purpose of wages. Determination of whether a subordinate relationship exists is made by the employer, and whether the employer has reasonable direction and supervision in the course of performing work under the rules of employment or service (which is governed by the personnel regulations, etc., and whether the employer designates working hours