1. The instant lawsuit shall be dismissed.

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

1. The Plaintiff’s assertion C (hereinafter “the deceased”) died as a traffic accident on September 12, 2017, when he/she was engaged in the operation of Pyeongtaek Dap School bus as instructed by the Defendant from March 13, 2017 to April 12, 2017, from September 11, 2017 to September 12, 2017, while working for the operation of Pyeongtaek Dop School bus as instructed by the Defendant.

The Deceased was directed and supervised by the Defendant according to the fixed time schedule and was actually paid a fixed wage.

The Plaintiff, as his wife, seeks confirmation that the Defendant was the Defendant’s worker in order to receive industrial accident compensation insurance money.

2. The Defendant asserts to the effect that the instant lawsuit is unlawful as there is no benefit in confirmation.

In the past, when the current legal relations affect the current rights or legal status, and it is recognized that obtaining a judgment on confirmation of the legal relations is a valid and appropriate means to eliminate risks or apprehensions with respect to the current rights or legal status, the litigation for confirmation of the legal relations should be deemed as having the benefit of confirmation

(See Supreme Court Decision 2005Da60239 Decided March 9, 2006, the plaintiff filed the lawsuit in this case in order to receive bereaved family's benefits, etc. from the Korea Workers' Compensation and Welfare Service. As prescribed by the Industrial Accident Compensation Insurance Act, the plaintiff may seek the payment of bereaved family's benefits and funeral expenses to the Korea Workers' Compensation and Welfare Service. If the Korea Workers' Compensation and Welfare Service denies the status of the plaintiff's employee and disposes of the site wage, the plaintiff can file a request for examination, request for reexamination,

In addition, even if the plaintiff is subject to a final judgment seeking confirmation of labor relations against the defendant, the judgment's effect does not have a detailed effect. Therefore, the plaintiff's seeking confirmation of the status of the deceased's worker against the defendant is a final resolution method of the dispute.