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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. We examine ex officio whether the instant lawsuit is lawful, as to the interest in the confirmation of the instant lawsuit.
The Plaintiff (Appointed Party) did not employ the Defendant between July 200 and September 18, 201, and the Defendant voluntarily paid KRW 10,000 through KRW 20,000 on the day in return for the work at a restaurant operated by the Appointor C and paid KRW 10,00 through KRW 20,000 on the day. As the instant lawsuit, the Plaintiff (Appointed Party) sought confirmation of the absence of the instant wage obligation against the Defendant, including the Plaintiff (Appointed Party A).
In a lawsuit for confirmation, the benefit of confirmation is recognized only when the Plaintiff’s right or legal status is in danger and is the most effective and appropriate means to eliminate anxietys to obtain a judgment (see, e.g., Supreme Court Decision 2016Da21643, Mar. 30, 2017). As to the instant case, the Health Team, the Plaintiff (Appointed Party) et al. asserted that the statute of limitations has expired since the Defendant had not claimed payment from the warden on the premise that the instant wage liability exists to the Plaintiff (Appointed Party) et al. from September 18, 2011 to the date of September 18, 2011. On the other hand, while the Defendant asserted that the instant wage liability exists, the Defendant submitted documentary evidence irrelevant to whether or not the Defendant sought payment of the instant wage liability to the Plaintiff (Appointed Party) et al., and there is a dispute between the Plaintiff (Appointed Party) et al. and the Defendant as to the instant wage obligation.
There is no evidence to acknowledge that there is a danger in present in the rights and legal status of plaintiffs (appointed parties) A, etc.
Therefore, there is no interest in confirmation of the lawsuit of this case against the defendant of the plaintiff (appointed party) A, etc.
2. Thus, the lawsuit of this case is dismissed as unlawful.