체당금사실확인각하처분 등 취소
1. Of the instant lawsuits, the part of the claim for revocation of a non-recognition of bankruptcy, etc. shall be dismissed.
2. The plaintiff's remaining claims.
1. Details of the disposition;
A. Around September 29, 2011, the Plaintiff closed his/her business, as a member of “B” who is engaged in laundry (laundry Services) business, and left his/her office on March 31, 2013, and B was disposed of on June 30, 2013.
B. Article 5(2) of the former Enforcement Decree of the Wage Claim Guarantee Act (amended by Presidential Decree No. 25840, Dec. 9, 2014; hereinafter the same shall apply) and Article 2(1) of the former Enforcement Rule of the Wage Claim Guarantee Act (amended by Ordinance of the Ministry of Employment and Labor No. 117, Dec. 31, 2014; hereinafter the same shall apply) on March 28, 2014, D, an employee of D who was a worker of D’s disposition of non-recognition of bankruptcy, etc., filed an application for recognition of B’s bankruptcy, etc.
On December 1, 2014, the Defendant rendered a disposition of non-recognition of bankruptcy, etc. (hereinafter “instant disposition of non-recognition of bankruptcy, etc.”) to D on the ground that “B was formally closed on June 30, 2014 through an auction procedure, but in substance, E, from May 2014, the business owner’s wife transferred all human and physical resources of the same workplace and continued to operate F after changing only the name of the representative and the name of the workplace.” The Defendant notified the same day.
C. On August 13, 2014, the Plaintiff rejected the payment of a substitute payment against the Plaintiff filed a claim for substitute payment with the Defendant under Article 9(1) of the former Enforcement Decree of the Wage Claim Guarantee Act and Article 5 of the former Enforcement Rule of the Wage Claim Guarantee Act.
On December 1, 2014, the Defendant issued a disposition rejecting the payment of substitute payments (hereinafter “instant disposition rejecting the payment of substitute payments”) by providing that “B is treated as non-recognition of an application for recognition of bankruptcy, etc. on December 1, 2014 against B, and thus, the application for the payment of substitute payments cannot be filed.”
[Ground of recognition] Facts without dispute, Gap evidence 6, 7 evidence, Eul evidence 4 to 7, the purport of the whole pleadings
2. Determination on the defense prior to the merits
A. The defendant's assertion of this case is the case of this case.