The instant lawsuit is dismissed.

Litigation costs shall be borne by the plaintiff.

The plaintiff of the case is operating C&A in Haak-gun, Chungcheongnam-gu.

D From March 1, 2009 to November 14, 2019, the Plaintiff submitted a written petition to the Defendant on December 16, 2019 on the ground that the Plaintiff did not pay retirement pay.

As a result of internal investigation on a petition case, the defendant judged that the plaintiff was suspected of violating the Guarantee of Workers' Retirement Benefits Act, and ordered the plaintiff to correct the unpaid retirement allowance of 14,541,844 won through the prosecutor's internal investigation on April 21, 2020, and notified the plaintiff that he may be investigated by the labor inspector in charge (special judicial police officer) in case of non-compliance with the order.

(hereinafter “instant corrective order” (hereinafter) . [Grounds for recognition] without dispute, Gap evidence Nos. 4, Eul evidence Nos. 1, 2, and 3, and the purport of the whole pleadings, the plaintiff’s lawsuit of this case and the defendant’s defense prior to the merits of this case that the plaintiff entered into a contract for the supply of consignment service with the plaintiff, claiming that the plaintiff is not a worker who provided labor. Accordingly, the defendant's corrective order of this case was filed with the purport of providing an opportunity to resolve autonomous problems based on Article 44 and attached Table 3 of the Labor Inspector Labor Inspector’s Regulation, and thus, it cannot be subject to appeal litigation.

Judgment

Whether a certain act of an administrative agency can be a subject of an appeal shall not be determined abstractly or generally, and a decision shall be made individually, taking into consideration the contents and purport of the relevant Acts and subordinate statutes, the subject, content, form, and procedure of the act, the substantial relation between the act and the disadvantage suffered by interested parties, such as the other party, etc., the principle of administration by the rule of law, the attitude of interested parties, etc.