In order to establish the employment relationship with the employer, there is a contract which is concluded explicitly or implicitly between them, or there are other legal basis.

Workers to whom this Act applies are those who provide labor for the purpose of receiving money and other valuables from the employer, so at the same time as drivers are employed by those who have obtained a driver's license, and are engaged in driving service under their own account, shall not be workers under this Article.

Article 17 of the Labor Standards Act, Article 28 of the Labor Standards Act

Plaintiff 1 and 10 others

Korea Resources Mining Corporation

Daegu High Court Decision 71Na598 delivered on April 18, 1972

We reverse the original judgment.

The case is remanded to the Daegu High Court.

The defendant's judgment as to the ground of appeal Nos. 1, 4, and 6. According to the reasoning of the judgment of the court of first instance as cited by the court below, the court below established an autonomous council of mining sources which is achieved by the persons who were affiliated with the defendant company including the plaintiff et al., and requested the defendant company to purchase tin who extracted from the defendant's mining area owned by the plaintiff et al. by taking account of the testimony of the non-party 1, non-party 2, and non-party 3 of the above 3's evidence No. 3's 4-1 of the above 3-1 of the above 3-6-month contract with the above 6-month owner, and the defendant company took charge of industrial accident insurance with the plaintiff et al. according to the terms of the above contract No. s. 1, 2, and 2 of the above 3 (self-Governing Rules). The defendant company's non-government company's non-government organizations' instruction and supervision as to the defendant company's tin's products.

However, for the purpose of establishing the relationship between the employer and the employee, there should be a contract which is explicitly or implicitly entered into for the purpose of providing work and paying wages to the employer (Article 17 of the Labor Standards Act), or there should be other legal grounds (Article 91 of the Labor Standards Act). In light of the terms of the agreement, it cannot be deemed that there was a kind of labor contract for the provision of mining and the payment of the price for the payment of tin which the employee entered into between the voluntary organization, which is the achieved mining industry and the autonomous association, and that it was for the establishment of an industrial accident insurance contract between the plaintiffs who are its autonomous association members and the defendant company, and it can not be deemed that the defendant company, as the contractor of the contract, was for the purpose of fulfilling its responsibility as the employer under Article 91 of the Labor Standards Act. It can be deemed that the defendant company's agreement to guarantee the payment of the premium to the worker as the owner of the contract, which is for the purpose of guaranteeing the worker's freedom to participate in the work, the amount of the above autonomous mining association members, and the order of the product.

Therefore, the contents of the above contract and the main reasons for the decision of the court below are that it cannot be deemed that the employment relationship between the plaintiffs and the defendant company was established, notwithstanding the fact that the court below concluded an employment contract in accordance with the form of the above contract, and that the judgment which accepted the plaintiffs' claim for retirement allowance in this case based on the premise that the court below erred in the misapprehension of the rules of evidence. Thus, the judgment on the five and seven grounds for appeal No. 5 and the misunderstanding of the calculation of retirement amount is omitted, and the judgment of the court below is reversed, and the case is remanded to the Daegu High

Judge Do-dong (Presiding Judge) of the Supreme Court