제재부가금 부과처분 취소
1. On January 18, 2018, the Defendant filed a lawsuit against the Plaintiff to impose an additional monetary sanction amounting to KRW 234,214,500.
2...
1. Details of the disposition;
A. On April 1, 2016, the Plaintiff was designated as a preliminary social company in relation to job creation projects by the Governor of Gangwon-do on April 1, 2016 as a corporation aimed at manufacturing and selling traditional liquor.
B. On August 10, 2016, the Plaintiff entered into an agreement with the Yangyang-gun to receive subsidies (hereinafter “instant assistance agreement”) for the implementation of the Yangyang-gun’s B project (hereinafter “instant assistance project”) and received part of the personnel expenses and the amount of social insurance premium to be borne by the employees of Yangyang-gun.
C. On August 2, 2017, the head of Yangyang-gu determined that the Plaintiff was unfairly paid KRW 46,842,900 in total of the subsidies for job creation projects by allowing the said participating workers to work at other businesses, other than the instant subsidized projects, by preparing false relevant documents as if they were the workers belonging to H, in fact, that the Plaintiff was the workers belonging to H, in the workplace of H, C, D, E, F, and G (hereinafter “participating workers”) who are workers participating in job creation projects, even though they were the workers belonging to H (hereinafter “H”).
Accordingly, on August 14, 2017, the head of Yangyang Gun issued an application to investigate whether or not the Plaintiff’s subsidy was illegally received to the competent police station. On September 25, 2017, the head of the competent Si/Gun received a reply from the competent Si/Gun Police Station on the notification of the illegal recipient, and issued a disposition to terminate the instant support agreement and permanently exclude the Plaintiff from the Defendant and to recover the amount of the non-payment (hereinafter “instant prior disposition”).
E. On November 2, 2017, the Defendant notified the head of Yangyang-gun of the result of the above disposition, and issued a disposition imposing a penalty surcharge of KRW 234,214,500 on the Plaintiff on January 18, 2018 (hereinafter “instant disposition”).
F. Meanwhile, the Plaintiff’s representative director is the child of I and the H representative director, and the case against the violation of the Subsidy Management Act against J.