logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울행정법원 2018.06.20 2017구단62344
도산등사실불인정처분 취소
Text

1. On July 5, 2016, the decision that the Defendant rendered against the Plaintiff was revoked.

2. The costs of lawsuit shall be.

Reasons

1. Details of the disposition;

A. B Co., Ltd. was established on March 3, 2009 with its business purposes such as development, supply, etc. of game software.

(hereinafter “instant company”). (b)

On November 24, 2011, the Plaintiff joined the instant company and retired from the company without being paid a total of KRW 52,736,353 on March 1, 2015.

C. On December 18, 2015, the Plaintiff filed an application with the Defendant for recognition of bankruptcy, etc. against the instant company.

The Defendant completed a fact-finding survey on the instant company (hereinafter referred to as “fact-finding survey”), and on July 5, 2016, rendered a decision not to recognize the existence of bankruptcy, etc. against the Plaintiff on the ground that “the Plaintiff is not in the process of closing or discontinuing the business operated by the instant company.”

(hereinafter “instant disposition”) e.

On September 30, 2016, the Plaintiff filed an administrative appeal with the Central Administrative Appeals Commission, but the Central Administrative Appeals Commission dismissed the request for administrative appeal on February 24, 2017.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, 11, 32-1, Eul evidence 1 to 8, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion 1) Around March 2015, the instant company, including the Plaintiff, retired all workers, including the Plaintiff, and completely suspended its business due to financial failure, including national taxes, local taxes, and four major insurance premiums, and the amount of unpaid debts exceeds 3.2 billion won. It is false statement that the representative director of the instant company, at the time of the investigation of actual conditions, said company’s representative director, at the time of the investigation, told Defendant labor inspector to resume its business around March 2016. 2) It is reasonable that the instant company’s assertion was in the state of suspension of business at the time of applying for recognition of the Plaintiff’s bankruptcy, etc.

However, the instant company: (a) from March 2, 2016 to March 2, 2016 to C (hereinafter “C”); and (b) from March 30, 2016 to Al SP Entertainment Co., Ltd.

arrow