The defendant's appeal is dismissed.

All the costs of the original judgment and the trial shall be borne by the defendant.

1. The summary of the grounds for appeal does not employ C, who is an instructor of the instant driving school, as an employee, but rather, concluded a delegation contract or a contract under the civil law with C, who is an individual business operator, and made C lectures at the instant driving school. As such, the Defendant is not obligated to pay C, who is not an employee, for overtime work allowances and retirement allowances.

2. Determination

A. Whether a worker is a worker under the relevant legal doctrine ought to be determined based 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 wage in the business or workplace. Determination of whether there is a subordinate relationship as seen above ought to be made by comprehensively taking account of various economic and social conditions, such as whether the employer determines the content of work and is subject to employment rules or service regulations, and whether the employer is subject to considerable direction and supervision in the course of performing work, whether the employer is bound by the employer, whether the employer is able to operate his/her business on his/her own account, whether the employer is able to own equipment, raw materials, work tools, etc. or have a third party employ and act on behalf of the employer, etc., whether the risks, such as the creation of profit and loss by providing labor, whether the nature of remuneration is the subject of the employment contract, whether the basic pay or fixed wage was determined, whether the continuousness of the relationship to provide labor, whether the employer is exclusive to the employer, and whether the social security system is recognized as an employee.

However, the employer is recognized as an employee in relation to whether the basic wage or fixed wage was determined, whether the labor income tax was withheld, and whether the social security system was recognized as an employee.