1. All of the plaintiff's claims are dismissed.

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

1. Basic facts

A. The Defendant is a corporation that operates ship agency business, multimodal transport brokerage business, etc., and is a Korean branch office C (C Limited Corporation; hereinafter “China headquarters”), and the head office in China owns all the shares of the Defendant.

B. On March 27, 2003, the Plaintiff was appointed as the representative director of the Defendant, and resigned on May 10, 2016, and the details are registered in the original register of the Defendant.

【Ground of recognition】 The fact that there is no dispute, Gap's No. 1, 2, 7, 8, 17, Eul's evidence No. 3, the purport of the whole pleadings

2. Summary of the plaintiff's assertion

A. The primary claimant is the defendant's employee under the Labor Standards Act, since the plaintiff was dispatched to the defendant while working in the Chinese head office and provided labor in accordance with the direction and supervision of the Chinese head office.

Therefore, the Defendant shall pay to the Plaintiff the retirement allowance of KRW 136,276,439 under the Guarantee of Workers' Retirement Benefits Act and delay damages for the period of work from March 27, 2003 to April 30, 2016.

B. Even if the Plaintiff’s conjunctive claim is not recognized as an employee of the Defendant under the Labor Standards Act from March 27, 2003, the Plaintiff may be deemed as a temporary agency worker under Article 2 subparag. 5 of the former Dispatch Act under the former Act on the Protection, etc. of Temporary Agency Workers between China’s head office and the Defendant (wholly amended by Act No. 8076, Dec. 21, 2006; hereinafter “former Dispatch Act”).

Since the Plaintiff, a temporary agency worker, provided labor for the Defendant, a user company, for more than two years from March 27, 2003, the Plaintiff is deemed to have employed the temporary agency worker from the day following the expiration of the two-year period if the user company continues to use the temporary agency worker for more than two years.

However, where the relevant temporary agency worker expresses his/her explicit objection.