All appeals are dismissed.

The costs of appeal are assessed against the plaintiffs.

The grounds of appeal are examined.

1. Determination of whether a worker is a worker under the Labor Standards Act shall be made based on whether a contract form is an employment contract or a contract for employment, and whether a worker has a subordinate relationship with an employer for the purpose of wages at a business or workplace. Determination of whether a dependent relationship is based on the above should be made by comprehensively taking account of various economic and social conditions, including the following: (a) the employer determines the content of work and is subject to the rules of employment or the rules of employment; (b) the employer is bound by the employer; (c) whether the employer is capable of operating his/her business on his/her own account; (d) whether the employer owns equipment, raw materials, working tools, etc.; (e) whether the employer is allowed to own equipment and the place of work; and (e) whether the employer has a potential risk, such as creating profits and losses through the provision of labor; (e) whether the basic salary or fixed wage was determined; and (e) whether the continuous relationship to provide labor and the exclusive affiliation to the employer; and (e) whether the social security system is recognized as an employee.

(See Supreme Court Decision 2004Da29736 Decided December 7, 2006, etc.). Meanwhile, the issue of whether a worker is a worker in an individual case where the worker is disputed is bound to vary depending on the specific facts, such as the type of work, and the degree of proof at the individual workplace.

As a result of the fact-finding hearing, the circumstances in which it is difficult to recognize workers as a result of the fact-finding hearing are revealed, or the parties responsible for proving workers do not submit evidence to prove specific facts in the course of litigation.