민간경상보조금반납처분취소
1. On June 4, 2013, the Defendant’s disposition of return of the integrated support project cost for housing welfare in the housing-disadvantaged class to the Plaintiff on June 4, 2015.
1. Details of the disposition;
A. On April 10, 2012, the Defendant publicly announced the recruitment of the business operators for the “business to support the productive support for residents in the Yeongdeungpo-gu public rental complex and to support the vulnerable residential group,” and on May 8, 2012, eight organizations, including the Plaintiff, etc., were selected as the business operators to perform the “housing welfare integration support business for the vulnerable residential group” (hereinafter “instant business”).
On May 7, 2012, the public official in charge of the defendant employed by the defendant provided eight organizations including the plaintiff, etc. with the Seoul Special Metropolitan City Guidelines for the Implementation of Public Service Activity Support Projects for Non-Governmental Organizations (hereinafter "the execution guidelines of this case") in 2012. The execution guidelines of this case provide that "The expenses that cannot be executed with subsidies, such as personnel expenses of full-time employees, etc., shall not be included in the project expenses."
B. On May 18, 2012, the Plaintiff and the Defendant concluded an agreement on the implementation of the instant project with the purport that “the Plaintiff carries out the instant project from May 18, 2012 to March 30, 2013, and the Defendant shall pay the Plaintiff the instant subsidy (hereinafter “instant subsidy”).” Article 7(3) of the instant agreement provides that “The Plaintiff shall not use the subsidy received from the Defendant for any purpose other than the pertinent project cost and shall not use it as ordinary expenses, such as full-time employees, etc.” Article 12 of the instant agreement provides that “The Plaintiff shall comply with the instant enforcement guidelines.”
C. The Plaintiff used a total of KRW 35,710,050,050, including the Defendant’s payment of KRW 56 million as personnel expenses, using KRW 32 million as other expenses, and using KRW 37,710,050 as other expenses. The details of the use of personnel expenses are as follows.
In other words, the Plaintiff employed B on June 1, 2012 to carry out the instant business, and was an employee of the Plaintiff Secretariat.