The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. (i) On February 2014, the Defendant served in D Private Teaching Institutes operated by the Defendant (hereinafter “D Private Teaching Institutes”).

Since they agreed to cut off the labor relationship with E and change to the same business relationship with which they intend to divide profits according to the number of students, E does not constitute a worker in a subordinate position to the defendant.

Shebry E, even if it is deemed a worker, in fact, E, while serving in the instant private teaching institute until August 25, 2014, changed the wage level of KRW 1.1 million per month at the time of retirement, the first instance court erred by calculating the amount of unpaid wages and retirement allowances under the premise that E was working in the private teaching institute of this case from August 31, 2014 to receive wages of KRW 1.5 million per month.

B. Sentencing 1 Sentencing 200,000,000,000 won, which is too unreasonable.

2. Determination:

A. (i) Determination of misunderstanding of the facts or misapprehension of the legal doctrine should be made based on whether the form of a contract is an employment contract or a contract for employment, or whether the substance of a labor provision relationship is a subordinate relationship with an employer for the purpose of wages at a business or workplace.

In this context, whether an employer has a subordinate relationship or not shall be subject to rules of employment or service regulations, and whether an employer is subject to considerable command and supervision during the performance of duties, whether an employer is bound by the employer, whether the employer is bound by the employer, whether the employer is capable of carrying on his/her business on his/her own account, such as possessing equipment, raw materials, work tools, etc. or having a third party employ and act on behalf of him/her, and whether the employer has a risk such as creation of profit and loss by providing labor.