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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
Reasons
1. Basic facts
A. The Plaintiff is a juristic person entrusted by the Minister of Employment and Labor to perform the duty of subrogation of the payment of unpaid wages, etc. and the right to claim wages, etc. under the Wage Claim Guarantee Act. The Defendant is an employer who operated a general restaurant in the name of “C” on the fourth floor of Daejeon Seo-gu building from November 19, 2009 to the fourth floor of Daejeon (hereinafter “instant workplace”).
B. From October 13, 2009, D provided labor under employment of the Defendant from September 7, 201 to the instant workplace, and retired from the instant workplace in order for the Defendant to become unable to conduct restaurant business due to the Defendant’s creditor’s execution of delivery of the instant workplace on September 7, 2012.
C. On January 31, 2013, D and E applied for the “recognition of Bankruptcy, etc.” to the Daejeon Regional Employment and Labor Office for the instant workplace on July 30, 2013, and obtained the recognition of the fact of bankruptcy, etc. from the said office on July 30, 2013. The Plaintiff paid to D the total sum of KRW 2,180,640,640, unpaid retirement pay to E on August 21, 2013 and KRW 6,696,120,000, unpaid amount of KRW 1,80,000 as substitute payment under Article 7 of the Wage Claim Guarantee Act.
Meanwhile, the Defendant was indicted for violating the Labor Standards Act, and was sentenced to a fine of KRW 1,50,00 on April 18, 2014 (Seoul District Court Decision 2013Ma750; hereinafter “relevant criminal procedure”), and appealed against the Defendant on November 27, 2014, and the appeal was dismissed on March 12, 2015 (Seoul District Court Decision 2014No1113, Nov. 27, 2014). However, the Defendant appealed on the grounds that the appeal was dismissed on March 12, 2015 (Seoul District Court Decision 201No161, Nov. 27, 2014; and the F’s wage of KRW 970,00 from the date of retirement was not paid until 14 days from the date of retirement without any agreement on the extension of the payment date between the parties concerned (see Supreme Court Decision 2014Do11161, Mar. 12, 2015).
[Ground of recognition] Unsatisfy, A(1) through (3)