1. The plaintiff's claim is dismissed.

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

1. The parties' assertion

A. On April 18, 2016, the Plaintiff’s gist of the Plaintiff’s assertion agreed to receive KRW 4 million per month with the Defendant as an attorney-at-law employee, who was employed by the Defendant as the head of the Defendant’s attorney-at-law office, served for five months until September 27, 2016 and served for five months until September 27, 2016. The Plaintiff did not receive any benefit except for the amount of KRW 2.4 million until the time of receipt

Therefore, the defendant is obligated to pay to the plaintiff the sum of 2,2930,000 won [the wages = 21,33,333 won [the amount of 4 million won 】 4 million won for one month’s advance notice allowance 】 2.4 million won for one month’s advance notice of dismissal [the amount of 2.4 million won already paid] and damages for delay.

B. The gist of the defendant's assertion is that the plaintiff is not the defendant's employee.

Although the Plaintiff was registered as an employee of the Defendant in the form of form, the Plaintiff did not receive the direction and supervision of the Defendant without any dependent relationship with the Defendant, but was temporarily listed as the Defendant’s office staff for the acceptance of the instant case. On September 22, 2016, all monetary claims and obligations between the Plaintiff and the Defendant were extinguished by receiving a settlement amount or a settlement amount of KRW 2.4 million from the Defendant.

2. Issues and judgments

A. The key issue of the instant case is whether the Plaintiff was the Defendant’s employee, and if the Plaintiff was the employee, whether the Plaintiff would have agreed to receive the benefits of KRW 4 million per month.

Article 2 (1) 1 of the Labor Standards Act provides that a person who provides labor to a business or workplace for wage purposes regardless of the type of occupation shall be a worker regardless of the type of occupation.

Determination of whether a contract constitutes a worker should be made according to whether, in substance, a worker provided work to the employer for the purpose of wages in a business or workplace regardless of whether the contract form is an employment contract or a contract for work under the Civil Act.

In order to determine whether such a subordinate relationship exists;