1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

1. Basic facts

A. The defendant is a corporation with the purpose of insurance damage adjustment business, etc., and the plaintiffs and the defendant distributed the claims adjustment business delegated by the insurance company to the plaintiffs, and the plaintiffs entered into a contract with the terms that the amount equivalent to a certain percentage of the fees for each case paid by the insurance company concerned after performing the claims adjustment business.

B. Plaintiff A has been in charge of damage adjusting services under the said contract from January 15, 2010 to January 23, 2017; and Plaintiff B from January 17, 2013 to January 20, 2017.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. The plaintiffs' assertion and judgment

A. The gist of the parties' assertion is the defendant's employee who concluded a labor contract with the defendant and worked as an assistant for damage adjustment. The defendant asserts that the defendant is obligated to pay the unpaid annual allowance under the Labor Standards Act to the plaintiffs, since the plaintiffs did not grant annual leave to the plaintiffs during the period in which they worked in the defendant company.

In this regard, the defendant asserts that the plaintiffs are not workers to whom the Labor Standards Act applies, since they were employed by the defendant for the purpose of wage and provided labor, as they did not constitute a worker to whom the Labor Standards Act applies.

B. Determination as to whether a worker is a worker under the Labor Standards Act ought to be based on whether a contract form is an employment contract or a delegation contract is an employment contract, and whether a labor provider provided labor to an employer for the purpose of wages in a business or workplace.

Here, whether or not a subordinate relationship is determined by the employer and is subject to the rules of employment or service.