1. The Defendant’s KRW 30,403,375 with respect to the Plaintiff and KRW 5% per annum from May 6, 2018 to May 19, 2018.

1. Basic facts

A. The Defendant is a person who operates the beauty art room in Gwanak-gu in Seoul Special Metropolitan City (hereinafter “instant beauty art room”).

B. Around March 11, 2011, the Plaintiff joined the beauty art room of this case and served as a beauty artist, and retired on May 5, 2018.

[Ground of recognition] A without dispute, entry of evidence No. 1, purport of the whole pleadings

2. Summary of the parties’ assertion

A. The Plaintiff’s assertion constitutes an employee under the Labor Standards Act, since the Plaintiff provided labor subordinate to the Defendant, such as being under considerable direction and supervision from the Defendant in performing his/her duties.

Therefore, the defendant is obligated to pay retirement allowances to the plaintiff under the Guarantee of Workers' Retirement Benefits Act.

B. Defendant’s assertion 1) On March 201, 201, the Plaintiff joined and retired from office as an employee until February 2015, and the Defendant paid retirement allowances to the Plaintiff each year. The Plaintiff entered into a franchise agreement with the Defendant on March 2015, and engages in its own business as an independent business entity. Accordingly, the Plaintiff is not an employee under the Labor Standards Act after March 2015.

3. Determination as to whether the Plaintiff constitutes a worker under the Labor Standards Act

A. Determination of whether a worker constitutes a worker under the relevant legal doctrine is an employment contract or a contract for work. Determination of whether a contract is a “work provided by an employer in a subordinate relationship with an employer for the purpose of wages at a business or workplace” as referred to in this context is based on the content of work determined by the employer, and is subject to rules of employment or service regulations, etc., and is subject to reasonable direction and supervision by the employer during the performance of work, whether the employer designates work hours and work places, whether the worker is detained, and whether the labor provider owns equipment, raw materials or work tools, etc. or employs a third party.