1. The defendant (Counterclaim plaintiff)'s appeal is dismissed.

2. The costs of appeal are assessed against the Defendant-Counterclaim Plaintiff.

purport, purport, and.

1. Determination as to the main claim

A. The Plaintiff’s assertion 1) From April 30, 2009 to September 30, 2016, the Plaintiff provided labor in a subordinate relationship with the Defendant’s private teaching institute, and retired from office. However, the Defendant does not pay retirement allowance of KRW 15,449,736 to the Plaintiff. Therefore, the Defendant is obligated to pay the Plaintiff retirement allowance of KRW 15,449,736 and the damages for delay thereof. (2) The Defendant was paid a fee of KRW 3-5% of the tuition fees in proportion to the number of students or the records of registration and maintenance in return for taking full charge of the recruitment and management of students by concluding a business contract with the head of the three team, including the head of the team in the instant private teaching institute.

The plaintiff himself/herself set the business goals and independently carried out business activities to achieve the goals, and did not receive specific instructions or supervision from the defendant in the course of performing such duties.

The Defendant paid business expenses to C, who is the general manager of the instant driving school, and received a report on business performance once a month, and there was no fact that the Defendant managed the Plaintiff’s commuting to and from work.

Therefore, the plaintiff is not an employee under the Labor Standards Act who provided labor in a subordinate relationship to the use for the purpose of wages, and the defendant has no obligation to pay retirement allowances to the plaintiff

B. Whether the Plaintiff was an employee under the relevant legal doctrine should be determined depending on whether the form of a contract is an employment contract or a contract for employment, and whether an employee provided labor in a subordinate relationship with an employer for the purpose of wages in the business or workplace. Here, whether a subordinate relationship exists is determined by the employer and the rules of employment or service (the rules of employment, etc.) are applied.