1. All appeals by the defendant against the plaintiffs are dismissed.

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

1. Facts of recognition;

A. The Defendant operated the “F”, which is a child’s sports-for-all education institution, in the shipping Daegu E, and the Plaintiff A served as a sports-for-all instructor from September 10, 2009 to September 1, 2009 to B, and the Plaintiff C as a sports-for-all instructor from May 31, 201 to “F”.

B. The Plaintiffs retired from F on March 3, 2013. The retirement pay calculated on the basis of the average wage for the three-month period prior to the date of retirement is KRW 5,919,720 for Plaintiff A, KRW 7,715,060 for Plaintiff B, and KRW 2,98,010 for Plaintiff C.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1, purport of whole pleadings

2. The plaintiffs asserted that the defendant who employed and employed the plaintiffs, who are workers, should pay retirement allowances. Accordingly, the defendant asserts that since the plaintiffs did not receive the defendant's business instruction, direction, and supervision, the "F" operated by the defendant is not an employee under the Labor Standards Act, and the "F" operated by the defendant is less than five business places, the calculation method of retirement allowances should be changed as it did not occur until December 1, 2010.

3. Determination

A. Whether the Plaintiffs are workers under the Labor Standards Act ought to be determined depending on whether the form of a contract is an employment contract or a contract for employment, or whether an employee in substance provides labor to an employer in a subordinate relationship with an employer for the purpose of wages at a business or workplace. Here, whether a subordinate relationship exists should be determined by determining the content of work, and whether an employer has a considerable direction and supervision in the process of performing work under the rules of employment or employment (which is subject to the rules of employment, etc.), whether an employer designates working hours and a place of work, whether an employee is subject to the employer’s designation of working hours and a place of work, whether an employer is subject to detention, and whether a labor provider is capable of carrying on its business on its own account,