1. The plaintiff's claim is dismissed.

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

1. Basic facts are corporations established for the purpose of developing and manufacturing software, and the Plaintiff was registered as a director of the Defendant Company on the corporate register from August 13, 2007 to May 16, 2012, and retired on December 24, 2012.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 and 7, the purport of the whole pleadings

2. The plaintiff asserts that the decision on the cause of the claim constitutes a worker under the Labor Standards Act, who provided labor in subordinate relationship under the direction and supervision of the representative director of the defendant company, and received a certain amount of wages in return, and thus, the defendant company is obligated to pay the plaintiff a retirement allowance of 85,045,622 won and delay damages under the Labor Standards Act.

However, regardless of the form of contract, whether an employee is a worker under the Labor Standards Act shall be determined depending on whether the employee provided labor in a subordinate relationship with the employer for the purpose of wages. In determining this, the contents of work shall be determined by the employer, whether the employee is subject to the rules of employment, service regulations, personnel regulations, etc., whether the employee is specifically and directly directed and supervised in the process of performing work, whether the employee is designated time and place of work by the employer, whether the employer is subject to the ownership of equipment, raw materials, work tools, etc., whether the remuneration has the characteristic of work itself, whether there is a basic salary or fixed wage, whether there is a source of wage tax, etc., whether the status as an employee should be recognized in accordance with other Acts and subordinate statutes, such as the continuation of the labor provision relationship, the existence and degree of exclusive employment to the employer, and the social security system.