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(영문) 서울중앙지방법원 2015.02.13 2014가단162739

임금 및 퇴직금

Text

1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. From September 23, 2008, the Plaintiff served as a director and an audit committee member (registered in the corporate registry) of a stock company B (hereinafter “B”) from September 23, 2008, and retired on September 7, 2012.

B. On September 18, 2011, B was suspended pursuant to Article 14(3) and (4) of the Act on the Structural Improvement of the Financial Industry due to bad faith, and was declared bankrupt by the Incheon District Court on September 26, 2012, and the Defendant Deposit Insurance Corporation was appointed as a trustee in bankruptcy.

C. Defendant Woori Bank reserves and manages the retirement benefit reserve fund of B.

[Reasons for Recognition] Uncontentious Facts, Entry of Evidence No. B or 1, purport of the whole pleadings

2. Determination as to the legitimacy of the instant lawsuit

A. The Plaintiff’s assertion has a retirement allowance claim of KRW 65,00,000 against B and a wage claim of KRW 10,833,340 as of September 201.

The plaintiff's claim as an employee who received a salary falls under an employee's wage and retirement allowance under Article 473 subparagraph 10 of the Debtor Rehabilitation and Bankruptcy Act and falls under an estate claim.

Therefore, the Defendants are obliged to pay the said retirement pay, wages, and damages for delay to the Plaintiff.

B. The plaintiff's assertion can not be regarded as a worker under the Labor Standards Act as a director or an officer who served as a member of the audit committee.

Inasmuch as the Plaintiff’s claim is not a estate claim, but a bankruptcy claim, it shall undergo the procedure for confirmation of claim in the bankruptcy procedure, and it is unlawful to demand simple performance as in this case.

C. Since the Plaintiff was registered as an officer in the corporate register as a director and an audit committee member from September 28, 2008, it is deemed that he/she worked as an officer in B, barring any special circumstance.

On the contrary, there is no evidence to acknowledge that the Plaintiff provided a certain amount of labor under the direction and supervision of the employer and received the consideration.

Therefore, the plaintiff's claim is not a estate claim, but a bankruptcy claim.