The defendant's appeal is dismissed.

Expenses for appeal shall be borne by the defendant.

Purport of claim and appeal

purport.

1. Comprehensively taking account of the overall purport of entry into evidence No. 1 and pleadings, including wages and retirement payments, the Defendant’s failure to pay KRW 5,132,272 to the Plaintiff, who is a retired employee, in total, from October 1, 2017 to July 6, 2018 can be acknowledged.

According to the above facts, barring any special circumstance, the defendant is obligated to pay to the plaintiff 5,132,272 won with wage and retirement allowance, etc. and 20% interest per annum under Article 37 of the Labor Standards Act and Article 17 of the Enforcement Decree of the Labor Standards Act from July 21, 2018 to the date of full payment, which is the 14th day following the date of retirement pursuant to Article 36 of the Labor Standards Act.

2. The defendant's assertion argues that the defendant is still under rehabilitation procedure, and that the plaintiff's request for substitute payment can receive the above wages and retirement allowances, etc., so the plaintiff cannot accept the plaintiff's request

However, a substitute payment is paid by the Minister of Employment and Labor on behalf of the business owner, etc. whose commencement of rehabilitation procedures is decided pursuant to the Debtor Rehabilitation and Bankruptcy Act, and the defendant received a decision of discontinuation of rehabilitation procedures on the ground that the liquidation value on August 7, 2019 was higher than the continuous business value after the defendant received an application for commencement of rehabilitation procedures from the Suwon District Court 2019 Gohap140 and received a decision of discontinuation of rehabilitation procedures from the court on August 21, 2019 and received a decision of discontinuation of rehabilitation procedures on November 7, 2019, the fact that the said decision became final and conclusive on January 4, 2020 can be recognized by comprehensively taking into account the written evidence Nos. 1 and 2 as well as the overall purport of pleadings, or is significant to this

In addition, even if rehabilitation procedures are in progress against the defendant, an employee may request the Minister of Employment and Labor to make a substitute payment, or seek a payment against the defendant who is the employer, and the defendant is undergoing rehabilitation procedures against the defendant.