1. The plaintiff (appointed)'s claim is dismissed.

2. The costs of lawsuit shall be borne by the plaintiff (appointed party).

1. Basic facts

A. The Defendant, a company running clothing sales business, etc., operated a store for sale, such as new launch of the trademark called “C” by selling the goods at each department store, etc.

B. The designated parties, including the Plaintiff, concluded an interim management contract with each of the Defendant on the corresponding date on the opening date of the attached list, and concluded an “Intermediate management contract” with each of the Defendant, to provide labor to the Defendant as a store manager with respect to sales affairs, such as clothes, at the store operated by the Defendant, and to receive remuneration equivalent to a certain ratio of sales commission from the Defendant, and the contract relationship with the Defendant on

(hereinafter referred to as "store manager" of a person who has entered into an interim management contract with the defendant, including the plaintiff and the designated parties, / [based on recognition] of absence of dispute, entry of the evidence No. 1, and the purport of the whole pleadings.

2. As to the cause of claim

A. The designated parties, including the Plaintiff’s assertion, were the Defendant’s employees who provided labor to the Defendant in a subordinate relationship for the purpose of wages, and the Defendant is obligated to pay the retirement allowances and compensation for delay to the designated parties, including the Plaintiffs.

B. Determination of whether a person constitutes 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 a business or workplace in substance rather than whether a contract is an employment contract or a contract for employment.

Here, whether or not 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 or not the employer has considerable command and supervision, whether or not the employer designates working hours and working places and is detained by the labor provider, and a labor provider own equipment, raw materials, working tools, etc. or