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1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by the plaintiff (appointed party).
Reasons
1. Facts of recognition;
A. From November 1, 2011, the Plaintiff began to work for the Defendant Company from around July 20, 201 to around September 6, 201, and retired from office.
B. The plaintiff and the designated parties are registered as directors on the register of the defendant company.
C. The Plaintiff and the designated parties did not receive confirmation from the Minister of Employment and Labor on the ground that they were “registered directors” on the ground that they were subject to preparing and delivering the statement of delayed payment and the certificate of retirement.
[Reasons for Recognition] Each entry of Gap evidence Nos. 1 through 5 (including paper numbers), the purport of the whole pleadings
2. A lawsuit seeking confirmation as to the legitimacy of a lawsuit requires the benefit of confirmation as a requirement for the protection of rights, and the benefit of confirmation is recognized only when it is the most effective means to obtain a judgment of confirmation against the defendant in order to eliminate the Plaintiff’s rights or legal status in danger, apprehensions, and risks.
Therefore, the defendant in a lawsuit for confirmation is likely to cause uneasy in the legal status of the plaintiff by dispute over the plaintiff's rights or legal relations, that is, a person who claims the benefit of conflict and conflict with the legal interest of the plaintiff, and there is a benefit of confirmation against such defendant.
(1) The Plaintiff and the designated parties did not dispute the employee status of the Plaintiff and the designated parties by preparing and delivering a detailed statement of overdue money and valuables, etc. to the effect that the Plaintiff and the designated parties are the employees of the Defendant company (see, e.g., Supreme Court Decision 91Da14420, Dec. 10, 191). However, even if the Plaintiff and the designated parties receive a favorable judgment in the instant case, the effect of the judgment does not affect the Korea Labor Welfare Corporation, etc., which is the third party, and thus, the instant lawsuit cannot be an effective and appropriate means to resolve risks existing in their rights or legal status.
3. Accordingly, the instant lawsuit has no interest in confirmation.