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(영문) 대법원 2012.12.13. 선고 2011두25340 판결

고용유지지원금부지급결정취소

Cases

2011Du25340 Revocation of a decision to grant additional subsidies for maintaining employment

Plaintiff, Appellee

Korea Liber Co., Ltd.

Defendant Appellant

Daejeon Head of Local Employment and Labor Agency

The judgment below

Daejeon High Court Decision 2011Nu1120 decided September 22, 2011

Imposition of Judgment

December 13, 2012

Text

The appeal is dismissed.

The costs of appeal are assessed against the defendant.

Reasons

The grounds of appeal are examined.

The lower court determined that the Defendant’s retirement of the Plaintiff’s employees A, etc. during the period of employment maintenance measures under Article 19(1) of the former Enforcement Decree of the Employment Insurance Act (amended by Presidential Decree No. 22269, Jul. 12, 2010) was unlawful on the ground that the Plaintiff’s employment maintenance subsidy payment disposition of the instant case was unlawful on the ground that it did not constitute a ground for the payment of the land for employment maintenance subsidy, on the ground that the Plaintiff’s employment maintenance subsidy did not constitute a ground for the payment of the land for employment maintenance subsidy, on the ground that it did not constitute a ground that it did not constitute a ground for the payment of the land for employment maintenance subsidy on the ground that it did not constitute an inevitable circumstance for employment adjustment

In light of the records, the judgment of the court below is just, and there is no error by misapprehending the legal principles on the payment of subsidies for retaining employees. Therefore, the appeal is dismissed, and the costs of appeal are assessed against the losing party. It is so decided as per Disposition by the assent of all participating Justices on the bench.

Judges

Justices Park Young-young

Chief Justice Min Il-young

Justices Lee In-bok

Justices Kim Jae-han