1. The plaintiff's claim is dismissed.

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

1. Facts of recognition;

A. The Plaintiff, as the representative director of a limited liability company C (hereinafter “C”) that operates an engineering work business, building work business, etc., is operating the said company, and on November 6, 2015, the Plaintiff also establishes and actually operates D Co., Ltd. (hereinafter “D”) that operates an engineering work business, building work business, etc.

B. The Defendant is deemed to have worked in D from September 30, 2015 to November 26, 2015, the period from November 27, 2015 to October 31, 2016. However, in fact, the Defendant performed the construction work in C during the total period of service.

C. The Defendant paid the monthly salary of KRW 2 million and KRW 2.2 million in total, and KRW 2,200,000 in vehicle operation expenses. The Defendant did not receive the payment for one month and the vehicle operation expenses.

On November 14, 2016, the Defendant filed a petition with the Employment and Labor Agency (the name of the workplace in the written petition is C; the period of service is from November 27, 2015 to November 1, 2016). Although the Defendant claimed the payment of wages and retirement allowances for one month, the Defendant’s explanation was that C and D are separate corporations, and that the continuous employment for at least one year, which is the requirement for payment of retirement allowances, is not recognized.

On December 23, 2016, the defendant prepared a document (Evidence A 12) stating that "I will not raise any objection against wages, retirement allowances, and other money and valuables (including allowances) that occurred from the work in D," as the title "Agreement" to the plaintiff on December 23, 2016, and received only 2.2 million won of wages for a month from the plaintiff on the same day.

E. Meanwhile, among the above service period of the Defendant, C is a civil engineering and construction machinery works ordered by the Korea Rural Community Corporation on December 4, 2015 (hereinafter “instant construction works”); on June 3, 2016, F project construction works ordered by the said construction works; and on July 11, 2016, F project construction works ordered by the said construction works.