1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. Facts of recognition;

A. C Co., Ltd. (hereinafter “C”) was established in 2002 and operated a private teaching institute business, etc., and the Defendant is running a Chinese language institute business after its establishment on July 18, 2013.

B. From March 26, 2002, the Plaintiff entered into an employment contract with C each year, and was demoted from C to July 14, 2014.

C. From July 15, 2014, the Plaintiff entered into an annual delegation agreement with the Defendant, and until August 31, 2016, the Defendant’s private teaching institute provided lectures as Chinese language instructors.

[Reasons for Recognition: Facts without dispute, Gap 1 through 25, 32, Eul 1 through 8, the purport of the whole pleadings]

2. The Plaintiff’s summary of the Plaintiff’s assertion and the contract with C or the Defendant had both substance of a labor contract regardless of the content of the contract, and the Plaintiff and C succeeded to the Defendant’s labor contract.

Therefore, the defendant, as part of the retirement allowance and statutory allowance payable to the plaintiff, must pay the money claimed in accordance with the plaintiff's claim.

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.

In this context, whether a dependent relationship exists shall be determined by the employer and shall be subject to rules of employment or service regulations, etc. of the employer in the course of performing his/her duties, whether the employer is subject to considerable command and supervision, whether the employer designates working hours and working places and is detained by the employer, whether the employee can operate 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 his/her behalf.