1. The Defendant shall pay to the Plaintiff KRW 28,751,779 and the interest rate of KRW 15% per annum from August 27, 2016 to the day of complete payment.

The plaintiff claiming the right to claim wages and retirement allowances is claiming the payment of wages 23,921,830 won, retirement allowances 4,687,639 won, year-end refund 142,310 won, and delay damages. The plaintiff is claiming the payment of wages 23,921,830 won from November 18, 2013 to March 31, 2016.

In this regard, the defendant asserts that the plaintiff is not an employee because he had the position of a deputy president as a partner or a general management director of the defendant company and has been in charge of the establishment of corporation, student management, and accounting and finance.

Therefore, we first examine whether the Plaintiff is a worker.

Facts of recognition

C and D, on November 18, 2013, incorporated the Defendant Company by legalizing the Private Teaching Institute of Doctrine Management, “B,” which was operated by C, and C acquired 60% of total shares and 40% of total shares.

C is the representative director of the defendant company, D and the plaintiff are appointed as the inside director and completed registration.

The above three parties agreed that C’s remuneration of KRW 4,00,000, KRW 3,000,000, and KRW 2,000,00 for the Plaintiff’s remuneration.

The defendant company has the main source of U.S., the subsidiary branch of U.S. (the end of 2014), and the branch of P.S. among them, the branch of P.S. has been used as an independent business operator with only one another.

The daily origin is composed of four classrooms, one resting room and one school room, one counseling room, and one counseling room on a scale of 312 square meters, and the additional area is also similar.

The defendant company is a educational institute that assists students in their self-esteem.

In other words, during the period from 08:00 to 22:00, instructors did not give lectures to students, provide students with a seat in the reading room in which they can view and practice Internet lectures, and lecturers individually respond to students who are in self-practice.

Three persons, such as the president D, the plaintiff, and the head of office, shall be stationed in the Yongsan-gu Headquarters, and two employees (one vice president and one head of office) shall be stationed in the Bupyeong-gu Branch.

The plaintiff mainly works in the U.S. Won, but it is not sufficient to take a hand.