1. Of the judgment of the court of first instance, the part against the defendant in excess of the money ordered to be paid below shall be cancelled.

1. Basic facts

A. From September 3, 2012 to May 31, 2014, the Defendant paid 2.3 million won per month to the Plaintiff, and deposited the amount after deducting income tax, etc. into the Plaintiff’s account.

B. The Plaintiff filed a criminal complaint on the ground that the Defendant did not pay a retirement allowance, and revoked the complaint. Meanwhile, the representative C of the Defendant filed a criminal complaint on the Plaintiff’s criminal complaint under the name of the offense, such as accusation, but was not subject to disposition of non-prosecution.

[Ground of recognition] Facts without dispute, Gap1, 2, 5, 7 evidence, Eul evidence 1-1, 3, Eul evidence 11, the testimony of the witness of the first instance court and the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff’s assertion is the Defendant’s employee from September 3, 2012 to May 31, 2014, and the Defendant is obligated to pay the Plaintiff retirement allowance of KRW 3,950,000 and delay damages.

B. D, the president of the Defendant’s lawsuit, actually employed the Plaintiff, and the Defendant only paid benefits as if the Plaintiff were the Defendant’s employee for the request of D and for the convenience of tax treatment, and there was neither the direction and supervision of the Defendant nor the Plaintiff’s provision of labor to the Defendant.

3. Determination

A. Whether a worker is a worker under the relevant legal doctrine should be determined depending on whether a contract form is an employment contract or a contract for work, and whether a worker has a subordinate relationship with an employer for the purpose of wages in a business or a workplace. Here, whether a subordinate relationship exists shall be determined by the employer and the employer shall be subject to rules of employment or service regulations, etc., and whether the employer has a reasonable direction and supervision in the course of performing work, whether the employer designates work hours and work places, whether the worker is detained, and whether a labor provider owns equipment, raw materials or work tools, etc. or employs a third party.