도산등사실불인정처분취소
1. On October 15, 2018, the Defendant’s disposition of non-recognition of bankruptcy, etc. against the Plaintiff is revoked.
2. The costs of lawsuit shall be.
1. Details of the disposition;
A. B Co., Ltd. (hereinafter “Nonindicted Company”) was established on September 1, 2015 and was engaged in the business of constructing and installing industrial plants, etc., and was disposed of ex officio on January 15, 2018 due to tax in arrears.
B. On October 31, 2017, the Plaintiff filed an application with the Defendant for recognition of the fact of bankruptcy, etc. of the non-party company on July 16, 2018 on the ground that he/she, as an employee retired from office on October 31, 2017, was not paid a total of KRW 24,095,295 of wages and retirement allowances.
C. On October 15, 2018, the Defendant issued a disposition not to recognize bankruptcy, etc. (hereinafter “instant disposition”) on the ground that the Nonparty Company’s actual business owner completed a new business registration of “D” by using the name of the land owner even after the closure of its official business, and that it failed to meet the requirements under Article 5(1)2 of the Enforcement Decree of the Wage Claim Guarantee Act (hereinafter “instant disposition”).
【Ground of recognition】 The fact that there has been no dispute, Gap's evidence Nos. 1 through 4, Eul's evidence Nos. 1 and 2, the purport of whole pleadings
2. Whether the disposition is lawful;
A. The Plaintiff’s assertion was closed on January 15, 2018 and discontinued its business activities since that time.
D is a corporation entirely different from the non-party company and its workplace registration number, representative, etc.
Therefore, even though the non-party company satisfies all the requirements for recognizing bankruptcy, etc. under Article 5 (1) of the Enforcement Decree of the Wage Claim Guarantee Act, such as the closure of business, the disposition of this case is unlawful.
(b) The details of the relevant statutes are as shown in the attached statutes.
C. According to Article 7(1)3 of the Wage Claim Guarantee Act, where the Minister of Employment and Labor deems that an employer is incapable of paying unpaid wages, etc. according to the requirements and procedures prescribed by Presidential Decree, the employer shall be the employer.