1. The instant lawsuit shall be dismissed.

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

1. The plaintiff's assertion is obligated to pay to the plaintiff 257,012,50 won of retirement allowance for the period of service from July 1, 1998 to August 17, 201 and delay damages for the period of service from January 8, 2010 to February 17, 201. The defendant is obligated to pay to the plaintiff 257,012,500 won of retirement allowance for the period of service from July 1, 1998 to August 17, 2012 (i.e. 17,725,000 x 14.5 years) and its delay damages.

2. Determination as to the defendant's defense prior to the merits

A. The defendant's assertion that the plaintiff is not an employee under the Labor Standards Act as a registered director.

The Plaintiff’s claim on remuneration is not a wage under the Labor Standards Act, but a bankruptcy claim is a remuneration paid for the execution of delegated affairs. Thus, the Plaintiff’s claim on remuneration is unlawful because it is a bankruptcy claim through the claim confirmation procedure in the bankruptcy procedure. The claim for performance in this case

B. Whether the Plaintiff is a worker under Article 2 subparagraph 1 of the Labor Standards Act refers to a person who provides labor to a business or workplace for the purpose of wages regardless of the type of occupation, regardless of whether the Plaintiff is a worker under the Labor Standards Act, and whether it falls under this, shall be determined according to whether the employer provided labor in a subordinate relationship

On the other hand, directors of a corporation shall be appointed at a general meeting of shareholders and registered.

The directors appointed in accordance with these procedures can exercise the powers prescribed by the Commercial Act, such as participating in the decision-making process for the management of the company as a member of the board of directors, and manage certain affairs delegated by the company.

Therefore, if a director actually performs his/her duties as a director prescribed by the Commercial Act and is in charge of the business affairs for the management of the company, if the substance of the entire business affairs in charge is not that of providing certain labor under the direction and supervision of the employer, that director shall provide it.