(Seoul Central District Court 2015Hau100139). The Plaintiff paid a substitute payment to the Defendant’s employees from January 20, 2016 to June 28, 2016 under the Wage Claim Guarantee Act, which is entrusted by the Minister of Employment and Labor to pay part of wages and retirement allowances on behalf of the employer in accordance with the said Act.

On September 8, 2016, the Plaintiff received KRW 2,273,560 from the substitute payment paid in the bankruptcy proceeding against the Defendant as above.

[Ground of recognition] Facts without dispute, entry of Gap1 to 5 evidence, purport of the whole pleadings

2. The assertion and judgment

A. According to the above facts, with respect to substitute payment of KRW 66,149,890 and KRW 48,280,330 among the substitute payment of KRW 50,53,890 (= KRW 2,273,560) to the Plaintiff subrogated pursuant to Article 8(1) of the Wage Claim Guarantee Act, the Defendant is obligated to deliver the substitute payment of KRW 3,000 from January 20, 2016, which is the date of the substitute payment, to KRW 3,00,000 from January 26, 2016, 3,000,000 from the date of the substitute payment, to the date of the substitute payment of KRW 5,869,560 from the date of the substitute payment of KRW 48,280,000,000 from the date of the substitute payment of KRW 5,000 to the date of the substitute payment of KRW 16,000,00 each of the instant substitute payment of KRW 20.

B. As the Ministry of Employment and Labor recognizes the existence of the employer’s bankruptcy, etc., the above claims against the Defendant, for which the Plaintiff who paid the unpaid retirement allowance to the employee under the Wage Claim Guarantee Act, maintain the nature of the claim as the retirement allowance claim.

Therefore, this constitutes estate claim or non-exempt claim, and the Debtor Rehabilitation and Bankruptcy Act.