1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. Basic facts

A. The Defendant is a company that has branded C, D, etc. and engages in clothes, shoes, bags, manufacture of malicious dust, wholesale and retail business, etc.

B. The Plaintiff and the Defendant entered into a sales services contract with the content that sells the Defendant’s goods, manages inventory, and receives a certain percentage of the sales amount from the Defendant as a fee (hereinafter “instant sales services contract”) in the store designated in the department store.

C. After concluding the instant sales service contract with the Defendant, the Plaintiff performed the sales management and sales of goods, and the sales floor and the commencement date and completion date of the service are as listed below.

On August 17, 2012, E datum DD on July 31, 2014, 2014, on July 201, 201, when the service commencement date begins, the fact that there is no dispute over F department store R/D (based on recognition) on August 23, 2014, July 2018, 201, the F department store L/WD (if any, the number is included; hereinafter the same shall apply) is written in Gap evidence 1, Eul evidence 1, and 11 through 14, and the purport of the entire pleadings as a whole.

2. The parties' assertion

A. The gist of the plaintiff's assertion is the worker who provided labor to the defendant in a subordinate relationship with the purpose of wages. Since the defendant did not pay retirement benefits until now after his withdrawal, the plaintiff is obligated to pay retirement allowances according to the Guarantee of Workers' Retirement Benefits Act

B. The gist of the Defendant’s assertion is that the Plaintiff is an independent business operator who sells the Defendant’s goods by entering into a sales service contract with the Defendant, and did not receive specific direction and supervision from the Defendant, and thus does not constitute an employee

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

A. Whether a worker is a worker under the relevant legal doctrine is an employment contract or a delegation contract, and the substance of the labor provision relationship is a business or workplace of a labor provider rather than an employment contract or a delegation contract.