The court below held that the defendant, the representative director of the non-indicted corporation, recognized the fact that the administrator is appointed on November 30, 1979 by the order to commence the reorganization proceedings of the Seoul Civil District Court, and therefore, the representative business, the right to manage and dispose of the company's property, etc. goes beyond the administrator and the relationship with the employees was changed from the relationship with the employees of the company to the manager against the employees of the company. Thus, even though the defendant was actually involved in the management of the company, even though he was actually involved in the management of the company, he cannot be said to be legally responsible for the payment of retirement allowances and wages on the payment date of the retired employee after the commencement of the reorganization proceedings, as the defendant cannot be said to have any legal liability for the payment on the payment date of wages

Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.

Justices Yoon Young-young (Presiding Justice)