2016Gudan27566 The revocation of the rejection of fact-finding such as bankruptcy

A

The Head of the Seoul Regional Employment and Labor Office Seoul Gangnam District Office

2017, 3.17

April 7, 2017

1. The instant lawsuit shall be dismissed.

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

The defendant's rejection disposition against the plaintiff on July 23, 2015 is revoked.

1. Details of the disposition;

From March 7, 2007, the Plaintiff retired from office at a company for the development of the universal leisure industry (hereinafter referred to as “non-party company”) and applied for recognition of bankruptcy, etc. of the non-party company on December 22, 2014. However, on July 23, 2015, the Defendant rendered a decision not to recognize the above application against the Plaintiff (hereinafter referred to as “instant disposition”).

【Ground of recognition】 The fact that there has been no dispute, entry of Gap Nos. 1 and 2, the purport of the whole pleadings

2. Determination

A. Defendant’s defense prior to the merits

The plaintiff's lawsuit of this case is filed with the lapse of the filing period, so it shall be dismissed as illegal.

B. Determination

According to Article 20(1) of the Administrative Litigation Act, a revocation lawsuit shall be instituted within 90 days from the date when the person becomes aware of the disposition, etc.: Provided, That where a request for administrative appeal is possible, the period at the time when the request for administrative appeal is filed shall be counted from the date when the original copy of the written adjudication is served. Therefore, the plaintiff should have filed an administrative litigation seeking the revocation of the disposition within 90 days from the

Comprehensively taking account of the entries in Gap evidence No. 1 and the purport of the entire pleadings, the Central Administrative Appeals Commission may recognize the fact that the plaintiff dismissed the plaintiff's appeal on July 12, 2016, and there is no dispute between the parties concerned as to the fact that the plaintiff received the above written ruling on July 26, 2016. Thus, the lawsuit in this case is unlawful as it was filed on October 25, 2016, which was 90 days after the plaintiff received the above written ruling.

3. Conclusion

The lawsuit of this case is unlawful and dismissed, and it is so decided as per Disposition.

Judge Song Byung-hun