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(영문) 대전지방법원 2015.01.28 2014구합102677
체당금지급대상 부적격확인처분취소
Text

1. On July 15, 2012, the Defendant’s disposition to revoke the Plaintiff’s failure to verify the substitute payment.

2. The costs of lawsuit shall be.

Reasons

Details of the disposition

A. The representative of the Company B (hereinafter “instant Company”) is the Seocho-gu Seoul Metropolitan Government D, and the type of business, which was opened on December 28, 201 with the construction business, etc., and was closed on June 30, 2012.

B. On September 24, 2012, E retired from the instant company filed an application with the Defendant for recognition of bankruptcy, etc. against the instant company, and the Defendant recognized the existence of bankruptcy, etc. against the instant company and notified the Defendant on December 31, 2012.

C. On June 7, 2013, the Plaintiff asserted that he was not paid wages from the instant company as an employee in charge of field management at the Gangwon-do Gosung F construction site of the instant company (hereinafter “the instant construction site”), and filed an application for confirmation of substitute payment of KRW 10,700,000 ( KRW 3,100,000 for February 1, 2012, KRW 2,800,000 for March, 200, KRW 3,000 for April, KRW 3,000 for April, and KRW 1,800,000 for May, 2012).

On July 15, 2013, the Defendant issued a notice of refusal of confirmation of substitute payment (hereinafter “instant disposition”) to the Plaintiff on July 15, 2013, on the ground that “other than the statement of the Director G in the field director G, the Plaintiff was established with the instant company, or there is no objective data to recognize that the Plaintiff had worked at the instant construction site of the instant company, and there is no confirmation by the employer.”

E. The Plaintiff filed an administrative appeal on October 10, 2013 on the instant disposition, but was dismissed on December 17, 2013.

【In the absence of dispute, the Plaintiff’s assertion as to whether the disposition of Gap’s evidence Nos. 1 through 3, 9, Eul’s evidence Nos. 1 and 2, and the overall purport of the pleading is legitimate, shall enter the instant company on January 1, 2012 and receive KRW 100,000 per day from the Plaintiff’s entry into the instant company, and work as the head of the Working Group at the high-level F construction site in Gangwon-do, and then withdrawn on May 19, 2012. The Plaintiff was not paid the overdue wage of KRW 10,70,000 due to the closure of the instant company’s business.

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