체당금반환및부정이득금추가징수처분취소
1. All of the plaintiffs' claims are dismissed.
2. The costs of lawsuit are assessed against the plaintiffs.
1. Details of the disposition;
A. On May 20, 2013, the head of the Goyangyang District Labor Office recognized the fact of bankruptcy, etc. against Q (hereinafter “instant company”) operated by P on the grounds that the Plaintiffs, who were the employees of the instant company, applied for confirmation of substitute payment by attaching a written claim for substitute payment, on May 31, 2013, on the ground that they were working for the instant company to the head of the Goyangyang District Labor Office, which was the employee of the instant company, and retired without receiving the wage, etc.
B. On August 26, 2013 and September 9, 2013, the head of the Goyangyang District Labor Office sent a notice of confirmation of substitute payment and a written claim for substitute payment to the defendant on the same day when he/she notified the plaintiffs of confirmation of substitute payment. On September 3, 2013 and September 16, 2013, the defendant paid each substitute payment of the same amount as the amount of the order to return substitute payment among the details of the disposition in attached Form (1) to the plaintiffs on September 3, 2013.
C. On March 4, 2014, the head of the Youngyang District Labor Office (hereinafter “Seoul District Labor Agency”) continuously operated the same business, and was found guilty of bankruptcy, etc. on the ground that the business owner of the instant company did not have any delayed payment of wages, etc., on the ground that he/she was falsely recognized as bankrupt, etc., the said recognition was revoked, and on March 14, 2014, demanded the Defendant to return substitute payments and additionally collect additional collection pursuant to Article 14 of the Wage Claim Guarantee Act
On March 19, 2014, the Defendant rendered a disposition of return of substitute payment and additional collection (hereinafter “instant disposition”) to the Plaintiffs on the ground that the Plaintiffs received substitute payment by deceit or other fraudulent means.
[Ground of recognition] Facts without dispute, Gap evidence 1 to 15, Eul evidence 1 to 5, the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. Although the grounds for the instant disposition are acknowledged by the Plaintiffs, the Plaintiffs believe the P’s words to deal with the instant company’s tax issues and signed and affixed the passbook, etc. to the relevant documents.