2011Nu312. Revocation of revocation of a non-recognition of bankruptcy, etc.

A

The head of the Central Regional Employment and Labor Office;

(B) Defendant before rectification: Commissioner of the Korea National Labor Agency

Suwon District Court Decision 2010Guhap7063 Decided November 29, 2010

June 3, 2011

June 24, 2011

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

1. Purport of claim

The defendant's disposition of non-recognition of bankruptcy, etc. against the plaintiff on August 18, 2009 shall be revoked.

The judgment of the first instance is revoked. The plaintiff's claim is dismissed.

1. Quotation of judgment of the first instance;

A. The reasoning for this case is as stated in the reasoning of the judgment of the court of first instance, except for the portion added in the following B. Thus, this case is cited as it is in accordance with Article 8(2) of the Administrative Litigation Act and Article 420 of the Civil Procedure Act.

B. Additional parts

Under the 4th judgment of the first instance court, the following is added to the right side of "the fact that it is difficult to set aside". "The employer of this case was in arrears with the wages of KRW 120,418,165 to 9 or 10 workers at the time of closure of the business as described in the 4th judgment (as seen in the 11,12, and 4th evidence No. 5th, as seen in the 5th evidence, the business owner of this case was in arrears with the wages of KRW 120,418,165 to 9 or 10 workers at the time of closure of the business, and it is deemed that there is no other worker than Section B in the 4th judgment."

2. Conclusion

Therefore, the judgment of the court of first instance is just, and the defendant's appeal is dismissed as it is without merit, and it is so decided as per Disposition.

The presiding judge, the senior judge;

Judge fixedness,

Judges Lee Sung-sung