1. The plaintiff's primary and conjunctive claims are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. Basic facts

A. B Co., Ltd. (hereinafter “B”) is a company whose primary business is Mineine sium scrap recycling business, etc., and whose total capital as of October 2002 is KRW 600 million, and its total capital as of August 2014 is KRW 720 million.

B. From October 1, 2002, the Plaintiff retired on August 1, 2014.

C. B was merged with the Defendant on December 24, 2014, and the Defendant took over the instant litigation procedure.

[Ground of recognition] Unsatisfy, entry of Gap evidence No. 3, purport of whole pleadings

2. Summary of the plaintiff's assertion

A. The Defendant, while serving as a director, is obligated to pay 245,108,845 won [245,108,845 won [30,00 won per year of continuous service x 3 months x average wage of the Plaintiff 6,906,420 won per month] and damages for delay as stipulated in Article 5 of the Regulations on Payment of Retirement Allowances for Officers B, who retired from B to the Plaintiff.

B. Even if a claim for retirement allowance (preliminary claim) under the Labor Standards Act is not possible under the provision on the payment of retirement allowances for officers, the Plaintiff’s status as a director within B is merely a formality, and the Plaintiff constitutes a worker under the Labor Standards Act in relation to which remuneration is paid in return for providing certain labor under the direction and supervision of D, who is the president of B, and thus, the Defendant is obligated to pay the Plaintiff a retirement allowance to the Plaintiff, as prescribed by the Labor Standards Act.

3. The directors, auditors, etc. of a stock company with judgment as to the primary claim are delegated by the company with certain business affairs. Thus, it is not in an employment relationship in which the employer provided certain labor under the employer’s direction and supervision and received certain wages, and therefore, it is not in the Labor Standards Act.