1. The plaintiff's claim is dismissed.

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

1. The plaintiff asserted that he/she was employed by the defendant and worked under the direction and supervision of the defendant from October 2012 to October 2017. The defendant is obligated to pay 35,214,415 won of the unpaid retirement allowance corresponding to the above period to the plaintiff.

2. Determination of whether a worker is a worker under the Labor Standards Act should be made in accordance with whether a contract form is an employment contract or a contract for work provided work to an employer in a subordinate relationship with an employer for the purpose of wages at a business or workplace.

Here, whether a dependent relationship exists with an employer should be determined by comprehensively taking into account the following factors: (a) whether the employer determines the content of work; (b) whether the employer is subject to the rules of employment or the rules of service; (c) whether the employer designates working hours and places of work; (d) whether the employer is bound by the employer; (e) whether the employer is able to operate his/her business on his/her own account; (e) whether the employer voluntarily owns equipment, raw materials, working tools, etc.; (e) whether the employer has a risk, such as creation of profits and losses from providing labor; (g) whether the nature of remuneration is the subject of the work itself; (d) whether the basic wage or fixed wage has been determined; and (e) whether the income tax has been withheld; (e) whether the employer has continued to provide labor; and (e) whether the employer has exclusive responsibility for the employer; and (

However, it is not recognized that the circumstances such as whether the basic wage or fixed wage was determined, whether the labor income tax was withheld, and whether the social security system was recognized as an employee are highly likely to be determined in the manner of mind by taking advantage of the economic superior position.