1. The plaintiff's claim is dismissed.

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

1. The parties' assertion

A. The Plaintiff’s assertion, as the Defendant’s employee, provided labor to the Defendant from July 1, 2014 to June 30, 2016. However, the Defendant did not receive the Plaintiff’s wage of KRW 13,850,00, retirement allowance of KRW 5,347,974, advance notice of dismissal, KRW 21,897,974, and KRW 21,897,974, including the aforementioned unpaid wage, etc., and the Defendant is obligated to pay damages for delay of 20% per annum as stipulated by the Labor Standards Act from July 15, 2016 to the date of full payment.

B. The plaintiff's assertion is not employed by the defendant, but as an ultra-frequency industrial engineer, the defendant's independent non-destructive testing duties and received fees for performing such duties. Thus, the plaintiff's assertion is without merit.

2. Determination as to whether the Plaintiff is the Defendant’s employee

A. Whether a worker is a worker under the relevant legal doctrine ought to be determined in accordance with whether a contract form is an employment contract or a contract for employment, and whether an employee in substance provided labor to an employer for the purpose of wages in a business or workplace.

In this context, whether an employer has a subordinate relationship with the employer, who is subject to rules of employment or rules of service, and who is subject to considerable direction and supervision in the course of performing duties, whether an employer is designated working hours and places and is subject to detention by an employee, 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 him/her, whether he/she has a risk, such as creation of profit and loss by providing labor, and whether the nature of remuneration is the object of his/her work, or the basic pay or fixed pay.