1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

1. Basic facts

A. According to the Ministry of Education, Science and Technology’s “The Five-year Master Plan for School Violence Prevention and Five-year Master Plan,” and the “Operation Plan of the Office of Education of Daegu Metropolitan City Office of Education”, the Defendant publicly announced the recruitment of the volunteer on the B elementary school website operated by the Defendant. Accordingly, the Plaintiff was selected as the volunteer guardian, and the Plaintiff was on the part of B elementary school from September 1, 2010 to June 30, 2013.

B. As above, the Plaintiff, as a servant of his/her assistant, performed activities, such as students’ instruction for school attendance, education of traffic safety, patrol inside and outside the school, guidance of school violence, protection of victim students, etc., and was paid KRW 30,00 won per day from the above school.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, Eul evidence Nos. 1 to 4 (including paper numbers; hereinafter the same shall apply) and the purport of the whole pleadings

2. The Plaintiff asserted that he worked at around 08:00 and retired from the school at around 16:00 under the direction and supervision of the principal of the school, and performed students’ activities, such as school attendance, boarding, and traffic safety guidance, and patrol inside and outside the school.

This constitutes a case where a guardian provides labor in a subordinate relationship for the purpose of wage, notwithstanding the name of "service provider", and thus, the defendant, as an employer, is obligated to pay the plaintiff, who is an employee, the annual paid leave allowance, the total amount of unpaid retirement allowances, the total amount of KRW 3,131,390, and delay damages therefor.

3. Determination

(a) The term “worker subject to the Minimum Wage Act and the Labor Standards Act” means a person who provides a business or workplace with labor for wages, regardless of the type of employment;

(Article 2(1)1 of the Labor Standards Act and "wages" refer to wages, salaries and any other money or valuables, regardless of their titles, that an employer pays to an employee in compensation for work.

(Article 2 (1) 5 of the same Act). Accordingly, a person who provides labor for wage purposes.