근로자지위확인 및 해고무효 미급여
1. The plaintiff's primary claim and the conjunctive claim are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. The Defendant Company: (a) was established and operated by Nonparty C for the purpose of manufacturing and selling medicine, etc.; and (b) the Plaintiff was registered as the representative director of the Defendant Company from June 2004 to September 201; (c) was appointed as a director around April 201; and (d) re-employed on the same day after resignation as a director on March 201; and (c) was terminated on March 2015; and (d) was registered as the inside director of the Defendant Company until now.
B. On April 9, 2011, the Defendant Company received a decision to authorize rehabilitation (Seoul Central District Court 2010 Gohap106) and completed rehabilitation procedures on February 8, 2012.
[Ground of recognition] Facts without dispute, Gap's statements in Gap's 2 through 4, 19, 20, 23, and the purport of the whole pleadings
2. The Plaintiff’s assertion was merely registered as a nominal director from June 2004, and was unfairly dismissed on April 17, 2017, when the Plaintiff was working as an employee of the Defendant company, and was in charge of product packing, driving, and business. On the other hand, the Plaintiff sought confirmation on the invalidity of the above dismissal against the Defendant company. On the other hand, the Plaintiff is obligated to pay wages calculated at a rate of 26,337,257 won from May 2016 to March 2017, calculated at a rate of 3,607,580 won from the above time to the date when the Plaintiff is reinstated. The Plaintiff, based on the statement on the unpaid benefits subparagraph 6 (the duty to pay wages) of the Defendant company as a preliminary director, added up the unpaid wages to the retirement amount after 2016.
shall be liable to pay such amount.
3. Determination
A. We first examine whether the Plaintiff is a worker under the Labor Standards Act in order to determine whether the primary claim is justifiable.
Whether a worker is a worker under the Labor Standards Act shall pay wages to his/her business or workplace in substance.