A. As to the instant lawsuit claiming that the Plaintiff was an employee of the Defendant Company and seeking unpaid wages and retirement allowances, the Defendant Company asserts that the Defendant Company should dismiss the instant claim on the ground that the Plaintiff is not an employee of the Defendant, and that the claim should be dismissed in an unlawful manner.

In a lawsuit for performance, such as the instant lawsuit, a person who asserts his right to claim performance has standing to sue. Therefore, whether the Plaintiff is a worker of the Defendant Company or not is a ground for determining whether the Plaintiff is a party’s employee, and it is not necessary to determine

Therefore, the main defense of the defendant company is without merit.

B. The summary of the parties’ assertion on the merits (based on the plaintiff’s employee nature) is that the defendant company is an employee who has worked in a subordinate relationship with the purpose of earning wages from September 1, 2008 to March 5, 2013, and the defendant company claims payment of KRW 34,274,726 in total and KRW 34,274,726 in total and KRW 34,726 in February 2013, which was unpaid by the defendant company. Accordingly, the defendant company asserts that the plaintiff is not an employee of the defendant company, regardless of whether the contract is an employment contract or contract under the Civil Act, and whether the contract is actually determined by the employer and is subject to the rules of employment, service regulations, personnel regulations, etc., and whether the worker is subject to direct and supervision by the employer and whether the worker is subject to direct and supervision by the employer.