1. The Defendant shall pay to the Plaintiff KRW 43,634,395 and KRW 43,395 among them, KRW 20% per annum from April 9, 2015 to the date of full payment.

1. Summary of the parties’ assertion

A. From January 2010, the Plaintiff joined the construction clean business team of the Defendant Company as the responsible researcher, and worked as the employee of the Defendant Company as the deputy head and the legal team leader of the construction clean business team. The Defendant did not pay wages in arrears and retirement pay to the employees of the Defendant Company.

B. The Defendant was employed as an employee, but since 2013, the relationship between the Plaintiff and the Defendant was converted from the employment relationship to the separate business relationship based on separate accounting, and thus, the Plaintiff’s claim based on the premise that the Plaintiff retired from office on March 25, 2015 as the employee of the Defendant company is difficult to accept.

2. Determination

A. Determination of whether a worker is a worker under the Labor Standards Act should be made in substance, rather than whether a contract is an employment contract or a contract for work, depending on whether an employee provided labor in a subordinate relationship with an employer for the purpose of wages at the business or workplace. Determination of whether a dependent relationship exists shall be made by determining the content of work, and shall be subject to the rules of employment or employment regulations, and shall be subject to considerable direction and supervision by the employer in the course of performing work, whether an employer is designated working hours and working place, whether an employee is bound by the employer, whether a labor provider is capable of operating his/her business on his/her own account, such as possessing equipment, raw materials, working tools, etc., or having a third party employ and act on behalf of the employer, whether the employer has a risk, such as creation of profit and loss, etc. by providing labor, whether the nature of remuneration is the subject of work itself, whether the nature of remuneration has been determined, whether the amount of wage or fixed wage has been withheld, whether the relationship of provision was exclusive to the employer