1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. Determination on the legitimacy of a lawsuit

A. The Plaintiff’s assertion 1) The Plaintiff is the Maritime Co., Ltd. Co., Ltd. Co., Ltd. Co., Ltd. Co., Ltd.

) Although working in a factory operated by this company due to the bankruptcy of the non-party company, the sum of KRW 12.5 million, the wage and retirement allowance, from January 20, 2018 to February 20, 2018, and KRW 14 million, which were the wage from the non-party company, was not paid from the non-party company. The non-party company did not notify the non-party company of the progress of the auction procedure of this case on its real estate, etc., and the non-party company did not know of the progress of the auction procedure without notifying the plaintiff et al. of the fact that the non-party company did not demand the distribution and demand the distribution of the above wage claims, etc., the plaintiff's claim was excluded from the distribution, and thus, the plaintiff filed a lawsuit of demurrer to the distribution of this case with the same contents as the purport of the claim. 2) As such, the defendant asserts that the plaintiff not only did the demand for distribution until the date of the final distribution of the auction case, but also did not cause the demand for distribution.

B. Legal doctrine 1) Wage for the last three months under Article 38(2) of the Labor Standards Act, accident compensation, and retirement allowance for the last three years under Article 11(2) of the former Guarantee of Workers’ Retirement Benefits Act (wholly amended by Act No. 10967, Jul. 25, 2011); claims pertaining to the retirement allowance for the last three years must be paid in preference to claims secured by security rights under the Act on Security over Pledges, Mortgages, Movable Property, Claims, Etc. on the whole property of the employer, taxes, public charges,

The purpose of the provision is to limit the effect of the general security rights in the public's request to guarantee the minimum living of workers, and to provide preferential rights to payment of wage claims.