1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

On May 6, 2012, the Plaintiff was employed as an instructor and worked for C (hereinafter “instant driving school”) on December 13, 2013, and retired on December 13, 2013, and the fact that the Plaintiff was not paid KRW 4,645,160 out of the wages during the said working period was not disputed between the parties, or may be recognized pursuant to the purport of the entire entries and pleadings by Party A1.

The Plaintiff asserted that the Defendant, who is the actual operator of the instant driving school, is liable to pay wages as the Plaintiff’s employer. The Defendant asserted that D, registered as the representative of the instant driving school, is the Plaintiff’s employer, and the Defendant is not the Plaintiff’s employer.

Determination of whether a worker is a worker under the Labor Standards Act shall be based on whether a worker provides labor in a subordinate relationship with the employer for the purpose of wages regardless of the form of a contract. Determination of whether the contents of work are determined by the employer and are subject to rules of employment, service regulations, personnel regulations, etc., and are specifically and directly directed and supervised by the employer in the course of performing work, whether the employer is designated working hours and place and is detained by the employer, whether the remuneration is in the nature of work itself, whether the basic salary or fixed wage is determined, whether the wage has the nature of work itself, whether the wage has the nature of work, whether the wage has the nature of the wage itself, whether the status of the worker is recognized as a worker under other Acts and subordinate statutes, such as the continuation of the labor provision relationship, the degree and degree of the exclusive employment to the employer, and the economic and social conditions of the Parties. On the contrary hand, determination of whether the employer bears the obligation to pay wages and retirement allowances for certain workers is a type of contract or contract.