2. The costs of the lawsuit are assessed against the defendant.

A. On May 29, 2015, the Plaintiff filed an application for recognition of bankruptcy, etc. with the Defendant, on the ground that B (hereinafter “instant workplace”) who had been on his/her duty was not paid wages and retirement allowances (hereinafter “wages, etc.”) due to the default of payment.

B. On November 9, 2015, the Defendant rendered a decision not to grant recognition on the ground that it does not constitute “where an employer has no ability to pay wages, etc. or where it is substantially difficult to pay wages, etc.” to the Plaintiff.

(hereinafter referred to as “instant disposition”). C.

The Plaintiff dissatisfied with the instant disposition and filed an administrative appeal with the Central Administrative Appeals Commission on February 4, 2016, but was dismissed on August 9, 2016.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1, 2, and 4, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff asserted that the Plaintiff is not likely to settle and pay the overdue wages within three months since the Plaintiff was in fact unable to perform his/her duties, as the liabilities confirmed by the instant workplace were KRW 7,705,157,610, and no longer is operating the business. Accordingly, the Defendant’s liabilities of the instant workplace are KRW 6,858,550,90, and the Defendant is 31,696 square meters and the appraisal price of several lands and above-ground buildings (hereinafter collectively referred to as “instant real estate”), including KRW 5,76,918,00,000, in total, leased the instant real estate to three business sites, such as D, etc., and in addition, the Plaintiff was able to recover the rent of KRW 2,630,00,000,000 (hereinafter referred to as “the instant rent revenue”). Thus, the auction procedure for the instant real estate began, even if the instant rent revenue, etc. was deposited to the bank, through civil procedure.