Title
No money acquired in the course of delinquency shall be deemed unjust enrichment.
Summary
Even if a wage creditor with preferential right to payment has received a seizure and collection order under the Civil Execution Act, it shall not be deemed unjust enrichment unless he/she participates in the delinquent procedure under the National Tax Collection Act.
Related statutes
Article 38 of the Labor Standards Act (Preferential Payment)
Cases
2017Return of unjust enrichment by 4283
Plaintiff
Ma○ ○
Defendant
Korea
Conclusion of Pleadings
November 21, 2017
Imposition of Judgment
December 19, 2017
Text
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
The defendant of the Gu office shall pay to the plaintiff 15,376,597 won with 20% interest per annum from February 14, 2017 to the day of full payment.
Reasons
Since the compulsory execution procedure under the Civil Execution Act and the procedure for disposition on default under the National Tax Collection Act are separate procedures, even if the plaintiff was given a seizure and collection order under the Civil Execution Act as a wage obligee having preferential right to payment, insofar as the defendant did not participate in the procedure in arrears under the National Tax Collection Act, it cannot be deemed as unjust enrichment.