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 status of the parties is a company established with the aim of engaging in the manufacturing and wholesale and retail business of outdoor consumer products.

The Plaintiff is the largest shareholder holding 45,350 shares issued by Defendant representative director among the 100,000 shares issued by Defendant (45.35%) and was registered as Defendant’s registration director from April 20, 201 to March 2017.

B. On January 10, 2017, the Defendant’s personnel committee, including the disciplinary action against the Plaintiff, decided to take disciplinary action against the Plaintiff on the ground of “the neglect in charge of duties, discipline, disturbance of workplace order, and failure to give instructions,” and on January 11, 2017, the Defendant notified the Plaintiff of the disciplinary action against the dismissal (hereinafter “instant disciplinary action”).

[Ground of recognition] Unsatisfy, Gap evidence 2, Eul evidence 1 and 2 (including branch numbers), the purport of the whole pleadings

2. The parties' assertion

A. Plaintiff 1) constitutes a worker under the Labor Standards Act. Although the Plaintiff was appointed as the Defendant’s registered director, in substance, the Plaintiff provided labor for the purpose of wages under the direction and supervision of Defendant representative director as well as independently handled daily affairs for which no special order is required. 2) The Defendant did not notify the Plaintiff of the grounds for disciplinary action prior to the instant disciplinary action, or did not provide the opportunity to vindicate the grounds for disciplinary action.

In addition, it did not proceed with investigation or deliberation on the grounds of disciplinary action only when a formal personnel committee was held.

3. The grounds for the disciplinary action in this case, such as neglect of duties, disturbance of work discipline, disturbance of work order, failure to follow instructions, etc., are unclear, and there is no omission by the plaintiff of duties, or failure to follow the directions.

Even if the above grounds for disciplinary action exist, the amount of disciplinary action is excessive compared to the grounds for disciplinary action.