1. The counterclaim of this case shall be dismissed.

2. The plaintiff (Counterclaim defendant)'s main claim is dismissed.

3. Of the costs of lawsuit.

1. Determination as to the legitimacy of the counterclaim of this case is based on the premise that there was an employment relationship, the Defendant sought confirmation of the absence of an employment relationship as a counterclaim against the Plaintiff’s wage claim based on a premise that there was an employment relationship. As such, filing a counterclaim for the confirmation of the existence of the existence of the same obligation as to a claim based on a certain claim is merely seeking to dismiss the claim and thus,

(see, e.g., Supreme Court Decision 2005Da40709, Apr. 13, 2007). Thus, the defendant's counterclaim of this case is illegal as there is no benefit of confirmation.

I would like to say.

2. Determination as to the claim on the principal lawsuit

A. The Plaintiff’s assertion that: (a) the Plaintiff received monthly wage of KRW 10 million from December 1, 2013 to September 30, 2014 as the Defendant’s employee; (b) the Defendant did not receive wages of KRW 67 million ( KRW 7 million from March 1, 2014, and KRW 10 million from April 2014 to September 2014; and (c) the Defendant is obligated to pay to the Plaintiff an amount of KRW 67 million from October 1, 2014 to October 15, 2014; and (d) the amount from the next day to the day of complete payment with KRW 20% per annum under the Labor Standards Act.

B. The defendant's assertion that the plaintiff is not the defendant's employee, and the plaintiff is not obligated to pay wages.

C. Whether a person is a worker 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 a director or auditor of a company is an officer, his status or title is a formal and scenic purpose, and in fact, he is in a relationship of remuneration by offering a certain labor under the direction and supervision of the representative director or the employer who

or delegated by the corporation, other than the affairs of the corporation.