1. The plaintiff's claim is dismissed.

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

1. Details of the disposition;

A. The Plaintiff is an employee of B Co., Ltd. (hereinafter “instant company”) from May 1, 2013.

B. On April 5, 2017, the Plaintiff filed an application with the Defendant for recognition of bankruptcy, etc. under Article 5 of the Enforcement Decree of the Wage Claim Guarantee Act (hereinafter “instant application”) on the date of retirement as of February 17, 2017.

C. On July 3, 2017, the Defendant rejected the Plaintiff’s instant application on the ground that “an application for recognition of bankruptcy, etc. shall be filed within one year from the date following the date of retirement pursuant to Article 5(2) of the Enforcement Decree of the Wage Claim Guarantee Act (hereinafter “instant Enforcement Decree”). Although the Plaintiff asserted that the date of retirement was February 17, 2017, based on the Plaintiff’s data on employment insurance network, etc., it is confirmed that all employees were retired and closed on November 30, 2014, since the Plaintiff’s retirement date was confirmed to have been November 30, 2014.” The Plaintiff rejected the Plaintiff’s instant application on the ground that “The Plaintiff had filed the instant application on April 5, 2017, which was more than one year thereafter.”

(hereinafter “Disposition in this case”). 【No dispute exists, Gap evidence Nos. 1 through 3, Eul evidence No. 1, and the purport of the whole pleadings.

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion 1) The closure of business as of November 30, 2014 by the instant company was the disguised closure of business, and the said company did not actually discontinue its business at the said time. Therefore, the Plaintiff continued to maintain his/her employee status even after November 30, 2014, and the instant company did not express any intent by February 17, 2017, which is the time limit for the Plaintiff demanded to express its position to receive labor, and the Plaintiff should be deemed to retire on the said date. (2) Although the instant Enforcement Decree provides the period for filing an application for recognition of bankruptcy, etc. under Article 7(1)3 of the Wage Claim Guarantee Act, this does not constitute “requirements and procedures” for recognition of bankruptcy, etc. delegated by Presidential Decree, and thus, the instant Enforcement Decree provisions do not constitute “requirements and procedures.”