1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

1. Basic facts

A. The Defendant Company was established on April 19, 201 for the purposes of export and import business, agency business, development of domestic and overseas resources, sales business, etc., and thereafter C is the representative director of the Defendant Company so far.

B. The Plaintiff, along with C, participated in the establishment of the Defendant Company as a promoter, and registered as a director in-house director and served as the president in the business development sector.

On November 15, 2012, the defendant company submitted a resignation document and withdrawn from the defendant company on November 30, 2012.

【Grounds for Recognition: Evidence Nos. 1, 3, and 2 of Evidence No. 2, the purport of the whole pleadings】

2. Determination:

A. (1) The Plaintiff sought payment of wages and retirement allowances from March 1, 2011 to November 30, 2012 as wages of 66,83,332 won and retirement allowances of 7,84,169 won from November 30, 2012.

(2) In a case where determining whether the Plaintiff is an employee of the Defendant Company, whether the Plaintiff is a employee under the Labor Standards Act shall be determined in substance by whether the employee provided labor to the employer for the purpose of wages in a subordinate relationship to the business or workplace, irrespective of the form of such contract.

However, as seen earlier, the Plaintiff participated in the establishment of the Defendant Company as promoters of the Defendant Company, and registered as a director of the Defendant Company from the date of incorporation to the time of retirement, and there is no employment contract that stipulates working conditions, etc. made between the Plaintiff and the Defendant, and the Plaintiff did not receive regular wages from the Defendant Company (Evidence A-2 and Evidence A-6). In full view of these circumstances, it is difficult to view that the Plaintiff was a worker who provided labor to the Defendant Company in a subordinate relationship for the purpose of wages.

Therefore, the plaintiff's claim for wages and retirement allowances premised on being an employee under the Labor Standards Act is without merit.

B. A claim under the wage agreement (1) is filed by the Plaintiff.