1. The plaintiff's claim is dismissed.

2. The costs of the lawsuit, including costs incurred by participation, are all assessed against the Plaintiff.

The following facts may be acknowledged if there is no dispute between the parties, or if the whole purport of the pleadings is added to each entry in Gap evidence 1 through 4.

On June 25, 2012, the Plaintiff was established on June 25, 2012 and employs 30 full-time workers and operates Lestop and Lifelong Education Center. The Intervenor entered the Plaintiff on July 2012 and did not work for the Plaintiff from July 13, 2013 while taking charge of cooking at Estop Team.

On September 5, 2013, 2013, the Intervenor filed an application for remedy with the Seoul Regional Labor Relations Commission (Seoul District Court Decision 2013DaDa42525) on the ground that “the Intervenor was subject to unfair dismissal from the Plaintiff on July 12, 2013.” On November 14, 2013, the Seoul Regional Labor Relations Commission rejected the Intervenor’s application for remedy on the ground that “the dismissal was unjust, as the Plaintiff was dismissed without written notification.”

On November 21, 2013, the Plaintiff served a written determination on the request for remedy, and served on November 29, 2013 the National Labor Relations Commission applied for review (central 2013rd Sea 1089). On February 7, 2014, the National Labor Relations Commission dismissed the Plaintiff’s review office on the same ground as the ruling of the said Regional Labor Relations Commission.

주장 및 판단 원고 주장의 취지 참가인은 원고의 대표이사 C의 처형(妻兄)으로, C의 처인 D와 함께 원고의 직원들을 관리하는 사용자에 준하는 지위에 있었을 뿐, 근로기준법상 근로자에 해당하지 않으므로, 구제신청을 할 자격이 없다.

The Plaintiff’s representative director C pointed out his/her position and advise the Intervenor to resign on July 12, 2013, and the Intervenor was absent from office with other immigration stations from July 13, 2013, and there is no fact that the Plaintiff dismissed the Intervenor on July 12, 2013.

Since the labor contract between the plaintiff and the intervenor has expired on July 14, 2013, there is no relief benefit for the intervenor.

It shall be as shown in the attached Form of the relevant statutes.

Facts of recognition

The following facts are no dispute between the parties, or they are Gap, Gap, 2, 6 through 9, respectively: