임금
1. Of the instant lawsuit, the part claiming damages for delay from March 15, 2019 to July 1, 2019 shall be dismissed.
2. The defendant.
1. Claim: (a) the Plaintiff’s indication of the claim was employed by B Co., Ltd. (the Incheon District Court Decision 2019Hauhap49 Decided July 1, 2019 that declared bankrupt was appointed by the Defendant as the administrator); and (b) the Plaintiff’s non-paid wage of KRW 9,171,940, retirement pay of KRW 104,70,520, total of KRW 113,872,462, and delay damages therefrom, which was paid even after having provided labor from March 15, 198 to February 28, 2019.
2. Article 208 (3) 1 of the Civil Procedure Act of the applicable provisions of Acts;
3. The workers’ right to claim damages arising from delay in the fulfillment of the workers’ obligation to repay wages, etc. before the debtor is declared bankrupt against the partial dismissal of the lawsuit falls under bankruptcy claims with “property claims arising before the debtor is declared bankrupt” and can only be exercised according to bankruptcy procedures.
[The Debtor Rehabilitation and Bankruptcy Act (hereinafter “ Debtor Rehabilitation Act”)
) Articles 423 and 424 are [Article 423 and 424] Therefore, the part of the instant lawsuit’s claim for damages for delay from March 15, 2019 to July 1, 2019 is unlawful and dismissed.
4. According to Article 37(2) of the Labor Standards Act, Article 18 subparag. 1 of the Enforcement Decree of the same Act, and Article 7(1)2 of the Wage Claim Guarantee Act, where a ruling of bankruptcy is rendered pursuant to the Debtor Rehabilitation Act, interest at least 20% per annum on unpaid wages and retirement allowances as prescribed in Article 17 of the Enforcement Decree of the Labor Standards Act shall not apply.
Therefore, the part of the claim for damages for delay after July 2, 2019, which exceeds the scope recognized in Paragraph 2 of the Disposition (the amount calculated by the rate of 6% per annum as stipulated in the Commercial Act from July 2, 2019 to August 3, 2019, which is the day following the declaration of bankruptcy of the debtor, and 12% per annum as stipulated in the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from the next day to the day of complete payment) is dismissed.