Text
1. The plaintiff (appointed)'s claim is dismissed.
2. The costs of lawsuit shall be borne by the plaintiff (appointed party).
Reasons
1. Details of the disposition of returning the substitute payment;
A. A. From August 10, 2009, B Co., Ltd. (hereinafter “B”) was designated as a prospective social enterprise under the Social Enterprise Promotion Act on November 11, 201 and received some of the wages of his/her employees from the Bupyeong-gu mayor from June 1, 201 to May 31, 2012, as part of the wages of his/her employees, when he/she had been engaged in manufacturing clothes, etc. with his/her place of business in Busan-si C Building from around August 10, 201.
B. B suspended the business on June 30, 2013 and completed the report on the closure of business on September 9, 2013, and thereafter, on January 10, 2014, upon recognition of the fact of bankruptcy, etc., as the number of employees in arrear 16,135,490,040 won (i.e., a regular wage of KRW 74,009,480 as retirement allowance of KRW 61,480,560) from the Ministry of Employment and Labor of the Central and Medium Business Office.
C. D’s actual business owner filed a report with the Central District Labor Agency, stating that “B workers were in arrears with wages from April 2013 to June 2013, 2013,” and the Plaintiff (the appointed party; hereinafter “Plaintiff, etc.”) and the designated parties filed an application for a substitute payment with the Defendant on the ground that the Plaintiff (the appointed party; hereinafter “Plaintiff, etc.”) and the designated parties were working in B and were not paid wages and retirement allowances from April 27, 2014 or on January 29, 2014, and received substitute payment from the Defendant on the ground that they were retired without receiving the wages and retirement allowances.
On April 13, 2015, the vice president of the Central District Employment and Labor Office notified the Defendant of the following: “The sum of the substitute payments 26,911,160 won was paid to the Plaintiff, etc. as stated in the attached Table 2 of the “Unfair Payment for Substitute Payments” (hereinafter referred to as the “unfair Payment for Substitute Payments”) of the substitute payments paid by D, the representative of B, the Plaintiff, etc., by falsely reporting the wages in arrears of the workers belonging to B including the Plaintiff.”
E. Accordingly, on April 23, 2015, the Defendant received payment from the Plaintiff, etc. under Article 14(1) of the former Wage Claim Guarantee Act (amended by Act No. 12528, Mar. 24, 2014; hereinafter “former Wage Claim Guarantee Act”).