2. The costs of lawsuit are assessed against the plaintiffs.

I, a creditor of H Co., Ltd. applied for the auction of real estate rent to H-owned real estate G in this court.

In the above auction procedure, the plaintiffs made a demand for distribution based on the overdue wages and retirement allowance claims held as H's workers.

On March 5, 2018, the above court prepared a distribution schedule as shown in the attached Form, and the Plaintiffs attended on the date of distribution on the same date and raised an objection against the amount of dividends to the Defendant, and filed the instant lawsuit on March 8, 2018.

【The plaintiffs asserted as to the purport of the evidence Nos. 1 and 2 and the purport of the whole arguments of the evidence Nos. 1 and 2 of the judgment of the court below shall be the workers of H, and the wages of the last three months and retirement allowances for the last three years (the retirement allowances of the plaintiffs A, B, and the plaintiff C shall be the first priority payment right for the retirement allowances of the last three years (the retirement allowances of the plaintiffs 12 million won). However, the above court shall exclude the plaintiffs from the distribution of dividends, but the above court paid the above plaintiffs priority

Therefore, the distribution schedule should be revised to delete all the amount of dividends against the defendant, and the distribution schedule should be revised to distribute each of the amount of KRW 12 million to the plaintiff A and B, and KRW 10.8 million to the plaintiff C.

Judgment

Whether a worker is subject to the Labor Standards Act shall be determined by whether, regardless of the form of contract, labor has been provided to an employer for the purpose of wages in substance. Thus, even if an officer such as director or auditor of a company is a formal and scenic purpose, his status or name is a formal and scenic purpose, and in fact, a representative director who has the right to work daily and has the right to work daily and a certain relationship of remuneration is paid in return

In addition to affairs delegated by the company or affairs, a certain amount of remuneration shall be paid to the representative director, etc. under the direction and supervision of the company.