1. All claims filed by the Plaintiff (Counterclaim Defendant) and the counterclaim claims by the Defendant (Counterclaim Plaintiff) are dismissed.

2. Of the costs of lawsuit.

On May 19, 2012, the Plaintiff agreed to receive KRW 2,500,000 monthly wage of KRW 2,500,000 between the Defendant and the Plaintiff (i.e., wage of KRW 2,000,000) and provided labor for the Defendant’s work to manage the Defendant’s factory building.

However, the Defendant paid only KRW 2,800,000 to the Plaintiff for 32 months from May 19, 2012 to February 28, 2015 (i.e., KRW 2,00,000 on July 24, 2012) (i.e., KRW 500,000 on December 31, 2012), but did not pay KRW 77,200,000 for the said 32-month period.

Therefore, the defendant is liable to pay the above unpaid wages to the plaintiff.

The Plaintiff is a person registered as an internal director of the Defendant Company, and is entitled to remuneration through a resolution of the general meeting of shareholders pursuant to Article 388 of the Commercial Act and Article 31 of the Articles of Incorporation, and does not constitute an employee under the Labor Standards Act, and thus does not constitute an employee.

Therefore, the plaintiff's claim for wage payment based on the premise that the plaintiff constitutes a worker under the Labor Standards Act is without merit.

Officers such as directors, auditors, etc. of a stock company are delegated by the company for certain business affairs. Thus, it is not an employment relationship under the employer's direction and supervision that provides certain labor and receives certain wages. Therefore, even if certain wages are paid, they cannot be deemed as wages under the Labor Standards Act. Even in cases where retirement allowances are paid to officers such as directors, etc. under the company's regulations, such retirement allowances are not retirement allowances under the Labor Standards Act, but merely remuneration paid

However, whether a worker is subject to the Labor Standards Act shall be determined according to whether the worker provided labor to the employer for the purpose of wages in substance regardless of the form of contract.