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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. The Defendant is an incorporated foundation established for the purpose of collecting, organizing, and managing various kinds of libraries across the country. The Plaintiff is a person who served as the president of the Defendant corporation from May 1, 2008 and retired on January 15, 2016.
B. Officers of a defendant corporation are composed of a chief director, a chief director, a director, and an auditor who represent the defendant corporation, and the chief director, a director, and an auditor who exercise overall control over its affairs. The provisions of the defendant's articles of incorporation concerning the duties of officers (before approval for changes on December 14
Article 6 (Composition of Officers) (1) The Promotion Agency shall have the following executives:
1. One chief director;
2. One president;
3. Not more than 15 directors (including the chief director and the president);
(2) Executive officers excluding the president shall be non-standing.
Article 12 (Duties of Officers) (1) The chairperson shall convene the board of directors and preside over the meeting.
(2) The president shall represent the Agency and preside over the duties of the Agency.
(3) Directors shall attend the board of directors to deliberate on and resolve matters referred to the board of directors and deal with matters delegated by the board of directors or president.
No remuneration shall be paid to executive officers except the president of Article 13 (Treatment of Non-Standing Executive Officers)
Provided, That allowances, etc. may be paid to non-standing executives who attend the board of directors within budgetary limits.
[Ground of recognition] Facts without dispute, Gap evidence 1, 3, Eul evidence 4-1 to 5, the purport of the whole pleadings
2. The plaintiff's assertion is a worker under the Labor Standards Act, who was actually employed by the defendant and retired from office. The defendant is obligated to pay the plaintiff retirement allowance of 20,200,467 won under the Labor Standards Act for the period from January 1, 2012 to January 15, 2016.
3. Determination
A. An officer, such as a director of the company, is delegated to handle certain affairs by the company. Thus, the direction and supervision of the employer is specified.