1. All of the plaintiff's claims are dismissed.

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

1. Basic facts

A. The Defendant is a company running a public golf course business in Gyeyang-si, and the Plaintiff was appointed as the Defendant’s representative director on April 1, 2018 and was registered as a inside director and a representative director on the corporate register of the Defendant company.

B. On December 2, 2018, the Plaintiff, along with the Defendant’s employees, including golf games assistant, committed an indecent act (hereinafter “the instant indecent act by compulsion”), according to the Defendant’s own view after he/she took the back of the cafeteria at the “C” restaurant located in Yangsan-si, with the Defendant’s employees, including golf games assistant, and he/she took the back of the c, and poolds and pools.

C. On December 5, 2018, the Plaintiff prepared a letter of resignation at the Defendant’s request from the Defendant’s Auditor D, and thereafter, on February 23, 2019, the Defendant made a resolution to dismiss the Plaintiff from office as the Defendant’s director and representative director at the Defendant’s temporary general meeting of shareholders (hereinafter “instant resolution of dismissal”).

On June 20, 2019, the Plaintiff was convicted of a fine of KRW 5 million due to the facts constituting the instant indecent act by compulsion (Ulsan District Court 2019No591), and the said judgment became final and conclusive around that time.

[Reasons for Recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1 and 4 (including branch numbers; hereinafter the same shall apply), the purport of the whole pleadings

2. Determination

A. 1 Plaintiff’s assertion related to the claim for confirmation of invalidity of the dismissal resolution was formally worked as the Defendant’s representative director, but in fact, the term of labor contract was three years, and was in the position of workers who provided labor and received remuneration under the Defendant’s specific and individual business direction and supervision.

Not only did the Plaintiff did not engage in the indecent act by compulsion, but also did not provide an opportunity to defend themselves or defend in relation to the said indecent act by compulsion and, at the Defendant’s audit’s request, prepare a resignation letter on December 5, 2018, and through the resolution of dismissal of the instant case.