1. The counterclaim of the defendant (the intermediate confirmation plaintiff) shall be dismissed;

2. The Defendant (Intermediate Plaintiff) is the Plaintiff.

1. The parties' assertion

A. The plaintiffs asserted that they worked as English instructors in their English subordinate relationship with the defendant, such as under specific direction and supervision by the defendant, and retired from office, and therefore, they constitute workers as prescribed by the Labor Standards Act.

Therefore, the defendant is obligated to pay the plaintiffs' weekly paid leave allowance, annual paid leave allowance, retirement allowance, and compensation for delay.

B. The Defendant’s assertion does not constitute an employee under the Labor Standards Act, such as not subject to specific command and supervision by the Defendant. Therefore, the Defendant did not have a duty to pay the Plaintiffs weekly leave allowance, annual leave work allowance, and retirement allowance, and seek confirmation that the Plaintiffs did not have a status as the Defendant’s employee as a counterclaim for interim verification.

2. In a case where there is a dispute between the parties as to the existence or absence of legal relations which are in a prior relation with the judgment on the claim of the principal lawsuit during the course of a lawsuit, the lawsuit for an interim confirmation as to the legitimacy of the counterclaim is subject to the benefit of confirmation in accordance with the general principles as to the lawsuit for an interim confirmation (Article 264(1) of the Civil Procedure Act).

However, in a lawsuit seeking confirmation of past legal relations, there is benefit in confirmation only when the previous legal relations affect the present rights or legal status, and it is recognized as a valid and appropriate means to obtain a judgment on confirmation of the legal relations in order to eliminate risks or apprehensions about the present rights or legal status.

(see, e.g., Supreme Court Decision 2010Da43580, Sept. 30, 2010). Defendant’s seek confirmation of the past legal relationship to seek confirmation that the Plaintiffs were not in the position of the employee of the Defendant Company as a counterclaim of interim confirmation. The Defendant is obligated to pay the instant weekly leave allowance, annual leave leave allowance, and retirement allowance.