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(영문) 대구고등법원 2016.2.5. 선고 2015누6669 판결

고령자정년연장지원금반환처분등취소

Cases

2015Nu669 Revocation of disposal, etc. of subsidies for extension of retirement age for the aged.

Plaintiff Appellant

A Stock Company

Defendant Elives

Head of Daegu Regional Employment and Labor Office Daegu District Office

The first instance judgment

Daegu District Court Decision 2015Guhap22129 Decided September 23, 2015

Conclusion of Pleadings

January 15, 2016

Imposition of Judgment

February 5, 2016

Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

1. Purport of claim

On August 6, 2014, the Defendant’s disposition of return of the aged retirement extension subsidy of KRW 72,747,770, and additional collection of KRW 145,495,540, and disposition of restricting the payment of new employment stabilization subsidy shall be revoked.

2. Purport of appeal

The part against the plaintiff falling under the order to revoke the below among the judgment of the court of first instance shall be revoked. The defendant shall revoke the disposition to return the retirement age extension subsidy for the plaintiff on August 6, 2014 and the additional collection of KRW 145,495,540 for the plaintiff on August 6, 2014.

3. Scope of the judgment of this court.

The plaintiff appealed against the whole judgment of the court of first instance, but the defendant voluntarily revoked the restriction on the payment of new employment stabilization subsidy in the trial.

Therefore, the scope of the court's adjudication is limited to the return of the above elderly retirement age extension subsidy and the revocation of the additional collection disposition.

Reasons

1. Quotation of judgment of the first instance;

The grounds for the Plaintiff’s assertion in the trial while filing an appeal are not significantly different from the contents of the Plaintiff’s assertion in the first instance trial, and even if both the evidence submitted in the first instance trial and the evidence No. 19-1 and No. 2 submitted in the trial are examined, the first instance judgment rejecting the Plaintiff’s assertion is justifiable.

Therefore, the court's explanation on the instant case is identical to the statement on the grounds of the judgment of the court of first instance, and thus, citing it as is by Article 8 (2) of the Administrative Litigation Act and Article 420 of the Civil Procedure Act.

2. Conclusion

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

Judges

The presiding judge, senior judge and public officer;

Judges Boli-a

For the purposes of judge