1. The plaintiff's claim is dismissed.

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

1. The plaintiff asserted that since July 1, 2004, the plaintiff provided labor under the defendant's direction and supervision as an employee of the business in Honam region from July 1, 2004, and retired on July 31, 2017, the defendant asserts that the defendant is obligated to pay the plaintiff a retirement allowance of KRW 57,443,150 and annual leave allowances of KRW 12,861,40 and annual leave allowances of KRW 70,303,866 and delay damages.

As to this, the defendant asserts that the plaintiff is an independent business operator who concludes an agency contract with the defendant and sells the defendant's goods, and is not an employee under the Labor Standards Act who is subject to specific direction and supervision by the defendant.

2. Determination:

A. The Plaintiff’s claim in this case is based on the premise that the Plaintiff’s “worker who provided labor to the Defendant for wage purposes (Article 2(1)1 of the Labor Standards Act)” and thus, the Plaintiff’s claim in this case is examined first.

B. Whether a worker is a worker under the relevant legal doctrine should be determined depending on whether a contract form is an employment contract or a delegation contract, and in substance, whether an employee provided work in a subordinate relationship with an employer for the purpose of wages at the business or workplace. Whether there is a subordinate relationship as seen above is the nature of work itself, such as whether the employer determines the content of work and is subject to rules of employment or service regulations, and whether the employer is subject to considerable direction and supervision during the performance of work, whether the employer is designated working hours and working place, whether the employer is bound by the employer, whether the employer is capable of carrying on 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 the employer.