1. The Defendant shall pay to the Plaintiff KRW 22,164,908 and the interest rate of KRW 20% per annum from June 24, 2015 to the day of full payment.

1. The Defendant is a business owner who sells automobile engine additives with the trade name “C” in his/her place of business at the time of his/her own Government, and the Plaintiff is a person who sells the Defendant’s products to a business partner located in Daegu Metropolitan City, etc. from March 18, 2006 to June 9, 2015 and conducts business, such as collecting the price therefor.

[Ground of recognition] Facts without dispute, purport of whole pleading

2. The assertion and judgment

A. The asserted Plaintiff seek payment of unpaid benefits and retirement allowances of KRW 22,164,908.

The defendant asserts that the plaintiff is not a worker but a person in charge of entrusted management or an independent business owner.

B. Determination as to whether a person is a worker under the Labor Standards Act ought to be based on whether a labor provider provided labor to an employer for the purpose of wages in substance rather than whether a contract is an employment contract or a contract for employment.

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 duties, whether the employer is subject to considerable command and supervision by the employer, whether the employer is bound by the working hours and the place of work, whether the employer is capable of operating his/her business on his/her own account, whether the labor provider voluntarily has a risk, such as the creation of profit and the occurrence of loss, etc. by providing labor, whether the nature of the remuneration is the subject of the work itself, whether the basic salary or fixed wage has been determined, whether the wage has been withheld from the wage and salary income tax, whether the continuity of the labor provision relationship, whether the employer has exclusive responsibility for the employer, and whether the status of the employee is recognized by the social security law.