1. As to KRW 49,347,230 among the Plaintiff and KRW 39,752,200 among them, the Defendant shall start from August 2, 2015 to August 15, 2015.

1. Basic facts are corporations established with the purpose of manufacturing, selling, etc. electronic displays related to ELD, and the Plaintiff worked in the Defendant Company from January 27, 201 to retire on August 1, 2015.

[Ground of recognition] A without dispute, entry of evidence No. 1, purport of the whole pleadings

2. The parties' assertion

A. The plaintiff's assertion was that the defendant company provided labor in the subordinate relationship with the defendant who is the employer and received wages.

Therefore, the Defendant is liable to pay the Plaintiff the instant wages, retirement allowances, and damages for delay.

B. The plaintiff alleged by the defendant is a registered director of the defendant company and a shareholder of the defendant company independently performed his/her duties according to his/her own plan and was not subject to command and supervision by the defendant

Therefore, the Plaintiff is not a worker under the Labor Standards Act, and the Defendant is not obligated to pay the instant wage and retirement allowance to the Plaintiff.

3. Determination

A. Whether a person is a worker under the relevant legal doctrine ought to be determined depending on whether the form of a contract is an employment contract or a delegation contract is an employment contract, and whether the substance of a labor provision relationship is a subordinate relationship to an employer for the purpose of wages at a business or workplace.

In this context, whether an employer has a subordinate relationship or not, under the rules of employment or service regulations, the employer is subject to considerable command and supervision during the performance of duties, whether an employer designates working hours and working places and is detained by an employer, whether an employee is capable of operating his/her business on his/her own account, such as holding equipment, raw materials, working tools, etc. or having a third party employ and act on behalf of him/her, and the risk of creating profits and losses through the provision of employment.