지원금 지급제한, 반환 및 추가징수처분취소 청구의 소
1. All of the plaintiffs' claims are dismissed.
2. The costs of lawsuit are assessed against the plaintiffs.
1. Details of the disposition;
A. Plaintiff A Co., Ltd. (hereinafter “Plaintiff A”) is a company mainly engaged in gambling, interior decoration, etc., and Plaintiff B is a representative director of Plaintiff A and C, a mutual clothing retail business.
B. Although Plaintiff A had already employed Plaintiff D and E as of January 9, 2016 and March 3, 2016, he/she participated in the employment success program in which only the unemployed would be able to participate in the employment promotion support program. As if he/she was employed on May 9, 2016, he/she prepared a written employment contract, and reported the acquisition of insured status, and instead received the total of KRW 18 million from May 9, 2016 to May 8, 2017.
C. In addition, even though Plaintiff B employed F as a relative within the fourth degree of relationship, he concealed this fact, and applied for employment promotion subsidy on December 20, 2016 and received a total of KRW 9 million.
On August 1, 2019, the Defendant issued an order to return KRW 18 million to the Plaintiffs, the order to impose additional collection of KRW 36 million, the restriction on payment of subsidies from August 1, 2019 to July 31, 2020, and the order to return KRW 9 million, the imposition of additional collection of KRW 18 million to the Plaintiff B, and the restriction on payment of subsidies from August 1, 2019 to April 30, 2020 (hereinafter “instant disposition”).
[Ground of recognition] Facts without dispute, entry of Gap1 to 5 evidence, purport of the whole pleadings
2. Whether the instant disposition is lawful
A. The Plaintiff’s assertion 1 procedural defect (1) the Defendant did not give the Plaintiffs an opportunity to present their opinions by making the instant disposition prior to the lapse of the submission deadline of their opinions. (2) The Plaintiffs were so short that the submission deadline set in the written prior notice of disposition was too short that, and (3) the Defendant did not have sufficient opportunity to present their opinions.