1. The Defendant’s disposition of non-recognition of facts, such as bankruptcy, notified the Plaintiff on March 24, 2015, is revoked.

2. The costs of lawsuit shall be.

Details of the disposition

The Plaintiff is an employee who retired on September 1, 2013 while serving in the Lao Co., Ltd. (hereinafter “instant company”).

On December 4, 2013, the Plaintiff asserted that the Plaintiff did not receive wages and retirement allowances from the instant company, and filed an application for confirmation of overdue money and valuables, and confirmed that the Defendant had been in arrears with the total amount of KRW 9,875,520. On August 28, 2014, the Plaintiff filed an application for recognition of bankruptcy, etc. with the Defendant on December 4, 2013.

C. On March 24, 2015, the Defendant rendered a disposition of non-recognition of bankruptcy, etc. (hereinafter “instant disposition”) pursuant to Article 5(1) of the Enforcement Decree of the Wage Claim Guarantee Act on the ground that the Plaintiff did not confirm the type, realization and possibility of the assets owned by the instant company, the settlement amount of lease deposit, etc., and thus, the business owner does not have to make a determination as to whether it is substantially difficult for the instant business owner to pay the overdue money and goods in arrears.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1, 2, and 12, and the purport of the entire argument as to legitimacy of the disposition of this case, the plaintiff asserted that the disposition of this case is legitimate, and the company of this case was a business entity whose main business is to operate and make a reservation by being entrusted with camping teams from customers. The company of this case returned all camping teams entrusted due to business deterioration and closed the reservation site.

The assets of the instant company do not at all except 20 out of 10 out of 10 out of 10 out of the title of the instant company, for which the instant company is proceeding with the Maging Camp site and the lawsuit is pending. The instant company bears considerable time and expenses for realizing the said assets.

The remaining 2.5 million won, which was offset against the monthly unpaid rent, out of the 5 million won lease deposit of the company of this case, is in progress with the National Health Insurance Corporation.

The instant company is limited to cases where it is considerably difficult to pay wages, etc. under Article 5 (1) 3 (b) or (c) of the Enforcement Decree of the Wage Claim Guarantee Act.