The plaintiff's claim is dismissed.

Costs of lawsuit shall be borne by the plaintiff, including costs incurred by participation in the lawsuit.

1. Causes and contents of the decision in the retrial;

A. The Intervenor was established on June 25, 2004 and was ordinarily 40 full time workers and provided medical services by establishing the instant hospital as a branch on June 18, 2014 as a corporation engaging in research and development related to disabled goods and various business related to disabled persons.

B. On August 8, 2016, the Intervenor instructed his employees to organize the Plaintiff’s office (hereinafter “instant order”), and the Plaintiff left the office.

C. On August 10, 2016, the Plaintiff asserted to the Gyeonggi Regional Labor Relations Commission that “the instant order constitutes an unfair dismissal,” and filed an application for remedy as to the instant order.

On October 31, 2016, the Gyeonggi Regional Labor Relations Commission dismissed the Plaintiff’s application for remedy on the ground that “the Plaintiff is not an employee under the Labor Standards Act.”

On December 19, 2016, the Plaintiff appealed to the National Labor Relations Commission, and filed an application for review seeking cancellation of the first inquiry tribunal with the National Labor Relations Commission.

On March 9, 2017, the National Labor Relations Commission dismissed the plaintiff's application for reexamination on the same ground as the first inquiry tribunal.

[Judgment of the retrial in this case]. [Judgment of the retrial in this case].] (No dispute over grounds for recognition, entry of evidence A Nos. 1 and 2, the purport of the whole pleadings

2. Summary of the parties' arguments

A. The summary of the plaintiff's assertion 1) The plaintiff entered into a written employment contract with the intervenor, received a medical room, doctor's letter, name, and residence from the intervenor, and constitutes a worker under the Labor Standards Act because the intervenor was paid benefits in return for the treatment as a doctor. 2) The intervenor interfered with the provision of labor by the plaintiff, the plaintiff was merely an simple investor, and the plaintiff submitted a written petition to the labor office that the plaintiff would pay wages to the labor office, which constitutes an unfair dismissal.

B. The summary of the assertion by the defendant or the intervenor can be deemed to have provided the intervenor with labor under the subordinate relationship with the defendant or the intervenor.