1. On December 8, 2017, the Defendant: (a) against Plaintiff A, KRW 13,923,850, KRW 9,282,566, and each of the said amounts to Plaintiff B and C.

1. Basic facts

A. Defendant Company is a company established for the purpose of manufacturing steel structure and selling steel structure.

B. From May 15, 2013, the network E (hereinafter “the network”) took charge of the tasks such as customer management and contracts for the manufacture of steel structure in the Defendant Company.

C. On November 23, 2017, the Deceased died, and the inherited property of the Deceased was jointly inherited by the Plaintiff, A, and C, who were their wife.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 and 2 (including additional number), the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff’s assertion company is obligated to pay retirement allowances arising from the death of the deceased, who is the employee of the Defendant company, according to the ratio of the shares of inheritance to the Plaintiffs, the heir of the deceased

B. The plaintiffs' claim is without merit, because the deceased of the defendant company was a person who operated his business as a business partnership of the defendant company, and is not an employee of the defendant company.

3. Determination

A. Whether a person is a worker under the relevant legal doctrine ought to be determined depending on whether the form of a contract is an employment contract or a delegation contract is an employment contract, and whether the substance of a labor provision relationship is a subordinate relationship to an employer for the purpose of wages at a business or workplace.

Here, whether an employer has a subordinate relationship with an employer, who is subject to rules of employment or service regulations, and who is subject to considerable command and supervision during the performance of duties, whether an employer designates working hours and working places and is detained by an employer, whether an employee is capable of operating his/her business on his/her own account, such as possessing equipment, raw materials, working tools, etc. or having a third party employ and act on behalf of him/her, and whether the employer has a risk such as creation of profit and loss by providing labor.