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. Quotation of the reasons for the judgment of the first instance;

A. The reasoning for this case is that the court’s reasoning is identical to the corresponding part of the judgment of the court of first instance, except for adding the following to the corresponding part of the judgment of the court of first instance. Thus, this is acceptable in accordance with the main sentence of Article 420 of the Civil Procedure Act

B. Determination of whether a labor provider provided labor in a subordinate relationship with an employee ought to be made based on whether the employer provided labor for the purpose of wages at the business or workplace in substance. Determination of whether a labor provider is subordinate relationship ought to be made by comprehensively taking account of the following factors: (a) whether the employer determined the content of the work; (b) whether the employer is subject to the rules of employment or service regulations; (c) whether the employer is designated as working hours and place; and (d) whether the employer is bound by the employer; (d) whether the labor provider is capable of operating his/her business on its own account; (e) whether the employer owns equipment, raw materials, working tools, etc.; (e) whether he/she has a risk, such as the creation of profit and loss by providing labor; (e) whether the nature of remuneration was the subject of the labor; (e) whether the nature of remuneration was determined by the basic wage or fixed wage; and (e) whether the continuous performance of the labor provision and the existence and degree of the exclusive affiliation to the employer; and (e) whether the social security system is recognized as an employee.

2. Thus, the plaintiff's claim of this case shall be dismissed as it is without merit, and the judgment of the court of first instance is just, and the plaintiff's appeal is dismissed as it is without merit. It is so decided as per Disposition.