The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

judgment of the first instance.

1. On September 22, 2017, the Plaintiff asserted as the cause of the Plaintiff’s claim concluded an entrustment contract for vehicle withdrawal and logistics delivery service (hereinafter “instant contract”) with the Defendant and the contract amount of KRW 27.3 million as indicated in the attached Form.

The contract of this case was arranged by the defendant to employ the plaintiff as an employee of the workplace dispatch company's place of business, but the defendant provided the job placement for a fee without permission or registration. The contract of this case is null and void in violation of the Employment Security Act, which is a mandatory law.

Therefore, the Defendant is obligated to return 7.6 million won (=27.3 million won - the normal ex-factory price of the vehicle purchased by the Defendant through the Defendant) out of the amount of 27.3 million won (i.e., the normal ex-factory price of the vehicle purchased by the Plaintiff) received from the Plaintiff under the instant contract that is null and void for the Plaintiff.

2. Determination

A. Article 19 (1) of the Employment Security Act provides that "a person who intends to conduct domestic fee-charging job placement services shall register with the Governor of the competent Special Self-Governing Province or the head of the competent Si/Gun/Gu," and Article 2-2 (2) 2 of the same Act provides that "job placement services" means to arrange the formation of employment contracts between job offerers and job seekers by searching job seekers or job offerers or recruiting job seekers upon receiving an application for a job offering or job seeking." Here, the term "employment contract" or labor contract under the Labor Standards Act is not different in terms of both the premise of the dependence of the provision of labor, and the legislative purpose of the Employment Security Act is to promote the employment security of workers. In light of the fact that the legislative purpose of the Employment Security Act is to ensure

(See Supreme Court Decision 2000Do4901 delivered on April 13, 2001). Meanwhile, determination of whether a person constitutes a worker under the Labor Standards Act is a contract for employment under the Civil Act, regardless of whether the form of the contract is an employment contract or a contract for employment under the Civil Act.