All appeals are dismissed.

The costs of appeal are assessed against the plaintiff (Counterclaim defendant).

The grounds of appeal are examined.

Whether a worker is a worker under the Labor Standards Act should be determined in accordance with whether a worker provided labor in a subordinate relationship with an employer for the purpose of wages in a business or workplace, rather than in the form of a contract.

In this context, whether an employer is a subordinate relationship should be determined by comprehensively taking into account the following economic and social conditions: (a) whether the employer determines the content of the work; (b) whether the employer is obliged to direct and supervise the work hours and the place of work; (c) whether the employer is bound by the employer; (d) whether the employer is capable of operating his/her business on his/her own account; (e) whether the employer voluntarily owns equipment, raw materials, work tools, etc.; (e) whether the employer has a risk, such as creation of profit and loss from the provision of labor; (e) whether the nature of remuneration is the subject of the work itself; (e) whether the basic pay or fixed pay was determined; (e) whether the employer has continued to provide labor; and (e) whether the employer has exclusive responsibility for the employer; and (e

(See Supreme Court Decision 2012Da20550 Decided July 9, 2015, etc.). Based on its stated reasoning, the lower court determined that: (a) the Plaintiff (Counterclaim Defendant; hereinafter “Plaintiff”; (b) entered into a commission contract with the Defendant (Counterclaim Plaintiff; hereinafter “Defendant”); and (c) performed the business of soliciting the Defendant to enter into an insurance contract by putting customer into a customer information database using the customer information database; and (d) provided labor with a subordinate relationship with the Defendant for the purpose of wages; and (b) based on such premise, it does not constitute a worker subject to the application of the Labor Standards Act.