임금 등
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. The parties' assertion
A. (1) The Plaintiff is employed by the Defendant Company as the head of sales division from December 1, 2011 to December 21, 2013.
The retirement was made.
(2) The Defendant Company is a Korean corporation of C, and the representative D resided in Japan and directed and supervised the Plaintiff’s business through electronic mail or visit to Korea.
(3) However, the Defendant Company failed to pay the Plaintiff wage of KRW 12,425,449 during the period in which the Plaintiff works, KRW 5,351,196 for annual salary, KRW 31,102,920 for overtime and holiday allowances, and KRW 9,392,129 for retirement allowances.
However, since the plaintiff used the amount equivalent to KRW 3,395,50 of the goods of the defendant company for marketing purposes, the amount above shall be deducted from the claimed amount.
(4) Therefore, the Defendant is obligated to pay to the Plaintiff KRW 54,876,194 ( KRW 12,425,449 KRW 5,351,196 KRW 31,102,920 KRW 9,392,129 KRW 3,395,50) and damages for delay.
B. Defendant (1) merely received investments from Defendant C, and the Plaintiff and E managed the Defendant Company, and agreed to distribute profits in the form of benefits of KRW 4 million and KRW 6 million, respectively.
(2) The Plaintiff used the title of the sales division without registering the director, while undergoing the procedure for filing an individual rehabilitation application, but was not subordinate to the Defendant Company.
(3) Therefore, the Plaintiff cannot respond to the Plaintiff’s assertion because it does not constitute an employee under the Labor Standards Act.
(4) Even if the Plaintiff is a worker, the Plaintiff’s claim’s allowance applies only to five or more workplaces at all times. As such, the Defendant Company does not have an obligation to pay the above allowance to the Defendant Company which ordinarily employs four or less employees, and the Defendant Company is also obligated to pay 50% of the retirement allowance to be paid until December 31, 2012 pursuant to Article 8 of the Addenda to the Guarantee of Workers’ Retirement Benefits Act.
2. Determination
A. Whether a worker is a worker under the Labor Standards Act is a type of contract, rather than a contract for employment.