1. The Defendant’s KRW 13,050,778 for the Plaintiff and its related KRW 5% per annum from July 13, 2015 to November 17, 2017.

1. Basic facts

A. C established a medical corporation, which is a medical corporation, and was appointed as the president. The Defendant corporation operated the E Hospital located in Gyeongdong-gun D (hereinafter “Defendant Hospital”).

B. On November 20, 1997, the Plaintiff, a grandchild of C, served as a registration director of the Defendant corporation on September 4, 2015, since the registration of the appointment as a director on November 20, 1997 as the corporate registry of the Defendant corporation.

C. The Plaintiff did not pay KRW 13,050,778 out of the benefits up to June 29, 2015 that the Plaintiff retired from Defendant Corporation.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1 and 2 (including paper numbers), the purport of the whole pleadings

2. The parties' assertion

A. Plaintiff 1) The Plaintiff re-entered the Defendant Hospital on October 7, 2002, and provided the Defendant Hospital with 13,050,778 won out of the wages until he/she retires on June 28, 2015, under the direction of the president C, to perform the duties of outpatient medical and night emergency room. The Plaintiff provided actual labor, such as receiving, receiving, and claiming insurance from the original department. (2) The Plaintiff was paid 6,50,000 won monthly wage, and the Plaintiff did not receive 13,050,778 won out of the wages until he/she retires on June 28, 2015.

3) From October 7, 2002 to June 28, 2015, the Plaintiff was not paid KRW 81,785,831 for retirement allowances during the period of service. Accordingly, the Defendant is obligated to pay to the Plaintiff the aforementioned amount of unpaid wages and retirement allowances totaling KRW 94,836,609 and delay damages calculated at the rate of 20% per annum as stipulated under the Labor Standards Act.

B. Since the Plaintiff was appointed as a director of Defendant Corporation as the president of Defendant Corporation C, the Plaintiff has been operating the Defendant Hospital directly, and the premises have also been operated.

Therefore, the plaintiff is not an employee under the Labor Standards Act, which is subordinate relationship with the plaintiff for the purpose of wages, and the defendant is not obligated to pay retirement allowances to the plaintiff

3. Determination

A. Whether a retirement allowance is established (1) An employee under Article 2 subparag. 1 of the Labor Standards Act is the type of occupation.