1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. The Defendant was established as an individual entrepreneur on April 1992, and was converted into a corporation on March 19, 199 and was established on March 19, 199 and employed 177 full-time workers at ASEAN, and run the business of manufacturing and selling electronic parts and parts.

B. On May 12, 2015, the Plaintiff was employed and served as the chief director of the Defendant’s semiconductor Project Division (non-registered director), and the employment relationship is terminated upon receipt of the following notification from the Defendant on June 29, 2017.

In accordance with the Rules of Employment and Personnel Management of the Republic of Korea, the following personnel orders shall be issued:

1. Name A (Plaintiff) of a director of a semiconductor business division: Dismissal of a director;

2. Date of order: Each entry in the evidence Nos. 4 and 5 of the grounds for recognition, and the purport of the whole pleadings, which are written on June 29, 2017;

2. The parties' assertion

A. On June 29, 2017, the Defendant asserted by the Plaintiff, dismissed the Plaintiff as an employee under the Labor Standards Act without justifiable grounds, and the above dismissal is null and void in violation of Article 23(1) of the Labor Standards Act.

B. The plaintiff's assertion is in a delegation relationship with the defendant as its executive officers. Accordingly, the plaintiff has a considerable discretion without subjecting and supervising the defendant in relation to the performance of his/her duties. Thus, the plaintiff does not constitute a worker of the defendant.

3. Determination

A. Whether the Plaintiff constitutes a worker under the relevant legal doctrine as to whether the Plaintiff constitutes a worker under the Labor Standards Act, regardless of the form of a contract, shall be determined in substance by whether the employee provided labor in a subordinate relationship with the employer for the purpose of wages. In determining whether such a subordinate relationship exists, the content of the work shall be determined by the employer, whether the employment rules, service regulations, personnel regulations, etc. are applied, and considerable direction and supervision shall be given from the employer in the course of performing the work.