Retirement Allowance for E-2 Visa Holder

Recently a court recognized English teacher(E-2 Visa Holder) at a private Hagwon as employees entitled to retirement allowance, rejecting the hagwon owner's claim that they were self-employed.

According to the "Korean Standard Labor Law", any employee is entitled to the retirement allowance(one month salary per 1 year service), but it's not for self-employed type of employment.

For this case a lot of hagwon owner made a freelancer contract with English teacher and avoid to pay this retirement allowance, while regulating their working hours, curriculum and other details by the hagwon owner.

Any cases of this kind of employment contract can't avoid the retirement allowance when he or she left the Hagwon more than a year after.