1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit shall be borne by the plaintiff (appointed party) and the appointed party.

1. Determination on the legitimacy of a lawsuit

A. According to the evidence evidence No. 2, the Plaintiff and the designated parties filed an application against the Defendants for a payment order with the Changwon District Court 2014 tea2194, and the same court on August 1, 2014, the Defendants jointly and severally ordered the Plaintiff and the designated parties to pay the same amount as that stated in the claim, and the said payment order became final and conclusive on September 5, 2014.

B. Although the Plaintiff and the designated parties secured the effective title of the payment order, which was already established on the same subject matter of lawsuit as in the instant lawsuit, they asserted that the instant lawsuit was filed again for the purpose of using the small amount substitute payment scheme under the amended Wage Claim Guarantee Act, effective July 1, 2015, and thus, we examine the legitimacy of the instant lawsuit.

Where a party who has received a final and conclusive judgment in favor of one party institutes a lawsuit for the same claim against the other party to the previous suit in which a final and conclusive judgment in favor of one party has been rendered again, the subsequent suit is inappropriate in principle as there is no benefit in the protection of rights, and exceptionally, where it is obvious that the ten-year lapse period of extinctive prescription of a claim based on a final and conclusive judgment has expired, there is benefit

Such a legal principle is reasonable to view that the same legal principle applies to a payment order with the same effect as a final and conclusive judgment in the executory power, the effect of legal requisite, etc. excluding res judicata, and therefore, it is the issue of whether the lawsuit in this case is legitimate or not there are special circumstances in which the plaintiff and the designated parties can file

C. Article 7(1)4 of the Wage Claim Guarantee Act, effective July 1, 2015, was newly established, and upon workers’ request, the Minister of Employment and Labor is the employer, even if the final judgment, payment order, settlement in the lawsuit, recognition and recognition of the claim, mediation, decision on performance recommendation, etc. is finalized.