1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On February 28, 2008, the Plaintiff joined the Defendant Company and served as a representative director C’s driver, and retired on February 16, 2012. On March 2, 2012, 2012, the Plaintiff re-entered the Defendant Company as a representative director C’s driver, while serving as the representative director C’s driver, and was solicited to resign on August 15, 2014.

B. The Plaintiff and the Defendant Company agreed to prepare a labor contract at the time of the Plaintiff’s initial employment, but after re-entering on March 2, 2012, they did not prepare a labor contract and maintain working conditions at the same time as that of the previous labor contract, but increase wages of KRW 2,400,000 to KRW 2,50,000 per month. The main contents of the labor contract between the Plaintiff and the Defendant are as follows.

2. (Person in Charge and Scope of Duties) The plaintiff shall perform his/her duties according to the defendant's instructions.

4. (Work Hours and Recess Hours) 4-1. Work hours shall be restricted to 8 hours a day, and 40 hours a week, and they shall be allowed to be worked flexibly as necessary for any circumstances of driving service;

4-2. Recess hours shall be from time to time during a day;

(including food time). 7. (Benefits and bonus payment) The monthly salary during the contract period shall be KRW 1,700,000.

7-2. Monthly wages shall be those for total working hours, including statutory working hours, overtime work hours, night and holiday work hours, etc.;

C. The Plaintiff, the representative director of the Defendant Company C, was a driver of the Defendant Company, according to the flexible work schedule of the above C, was working for his own commuting hours, and was working for most hours in the waiting room of the Defendant Company, and was working for the Defendant Company to lose the number of employees of the Defendant Company or to washing the work clothes of the employees of the Defendant Company, etc. at the time, and continued to work for the Defendant Company C to move for a vehicle by driving the vehicle in accordance with the Defendant Company’s own situation at that time.