도산등사실불인정처분취소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Details of the disposition;
A. On June 10, 2013, the Plaintiff joined C Co., Ltd. (hereinafter “C”) that is engaged in the business of manufacturing new products in Busan-gu, Busan-gu and serves as a general manager.
March 3, 2014, however, C was closed on July 31, 2014.
B. D, the representative of C, determined that it is difficult to operate the business under C as much as the account is seized due to reasons such as default and delayed payment of wages, etc., and that it is difficult to reconcilate funds. On June 25, 2014, after establishing and registering a personal business chain F in the name of the wife E, and continuously operating the business by using C’s facilities, employees, etc. at the same place, and eventually closing the business on June 1, 2015.
C. On May 26, 2014, the Plaintiff filed a lawsuit with the Busan District Court seeking payment of KRW 7,741,930 for unpaid wages (2014 Ghana78386) and received a judgment in favor of the said court on August 26, 2014, and the said judgment became final and conclusive around that time.
On October 7, 2014, the Plaintiff filed an application with the Defendant for recognition of bankruptcy, etc. regarding C pursuant to Articles 4 and 5 of the Enforcement Decree of the Wage Claim Guarantee Act (hereinafter “instant application”). However, on March 26, 2015, the Defendant rendered a disposition of non-recognition of bankruptcy, etc. (hereinafter “instant disposition”).
Where the same business owner converts C to F at the same place, the labor relationship is succeeded, and the recognition of bankruptcy, etc. is determined on the basis of F, which is the last place of business, and the F is not a process of discontinuation or discontinuance of business because it is confirmed during suspension of business. Therefore, the F is not a process of discontinuation or discontinuance of business. Therefore, there is no dispute over non-recognition [based] because it does not meet the requirements under Article 7 of the Wage Claim Guarantee Act and Article 5(1) of the Enforcement Decree of the same Act, Gap evidence Nos. 1, 4 (including the number of pages), Eul evidence Nos. 1, 2,
2. Whether the instant disposition is lawful
A. The Plaintiff’s assertion is before F is registered for establishment.