1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

1..

1. The reasoning for the court’s explanation of this case is as follows: (a) the part of the reasoning for the judgment of the first instance except for the case, which was used by the court of first instance from 17th to 20th, as stated below, is the same as the part of the reasoning for the judgment of the first instance; and (b) thus, it is acceptable in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. Determination of whether a worker constitutes a worker under the Labor Standards Act shall be based on whether the form of a contract is an employment contract or a contract for employment, and whether a worker has a subordinate relationship with an employer for the purpose of wages in substance. Determination of whether a dependent relationship as mentioned above exists shall be based on whether the employer determines the content of work, and is subject to the rules of employment or the rules of employment, and shall apply the rules of employment or the rules of employment, etc. in the course of performing work, and whether the employer is subject to considerable command and supervision by the employer in the course of performing work, whether the employer is bound by the designation of work hours and work place, whether the employer is able to operate his/her business on his/her own, such as the purchase of equipment, raw materials, work tools, etc., the creation of profits through the provision of labor, the occurrence of losses, etc., and the nature of remuneration, whether the employer has a own target nature of work, whether the wage or salary income tax was determined, whether the continued relationship with the provision was exclusive to the employer and its degree, and whether the social security status was recognized as an employee.