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

2...

1. Determination on the cause of the claim

A. The gist of the Plaintiff’s assertion was that the Plaintiff was employed by the Defendant Company from March 3, 2014 to March 31, 2014, and served as an employee. As such, the Defendant is obliged to pay the Plaintiff KRW 5,800,000, including the cost of maintaining the vehicle and KRW 800,000,000 for the portion of March 3, 2014 and the cost of maintaining the vehicle.

B. Determination of whether a worker is a worker under the Labor Standards Act shall be made on the actual aspect of the contract, regardless of whether the contract form is an employment contract under the Civil Act or a contract for work, depending on whether the worker provided labor in a subordinate relationship with the employer for the purpose of wages. Determination of whether such a subordinate relationship exists shall be made by comprehensively taking into account the following: (a) the contents of the work are determined by the employer; (b) whether the employer is subject to specific direction and supervision; (c) whether the working hours and the place of work are designated by the employer; (d) whether the worker is placed at work hours and the place of work; (e) whether the worker has a substitute nature of the work by employing a third party; (e) ownership of equipment, raw materials, work tools; (e) whether the characteristic of remuneration exists; (e) whether the basic salary or fixed wage is the object for the work itself; (e) whether the continuous performance and the degree of exclusive employment of the employer; and (e) whether the status of the worker is recognized by other statutes, such as statutes on social security system; and the social conditions of both parties.

(See Supreme Court Decision 2006Da60793 Decided January 25, 2007, etc.). C.

Judgment

First, as to whether the Plaintiff worked as the employee of the Defendant Company on March 2014, No. 1, No. 2, No. 8, and No. 12.