부당이득금징수처분취소
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
The purport of the claim and appeal is the purport of the appeal.
1. Details of the disposition;
A. The Plaintiff is an institution that provides activity support allowances, i.e., activity assistance, visiting bathing, visiting nursing, etc., to recipients prescribed in Article 2 subparag. 3 of the Act on Activity of Persons with Disabilities, as stipulated in Article 2 subparag. 6 of the Act on Activity of Persons with Disabilities (amended by Act No. 15273, Dec. 19, 2017; hereinafter “ Activity Support Institutions”).
B. On July 16, 2018, the Anti-Corruption and Civil Rights Commission decided to refer the above case to the relevant departments, such as the National Police Agency and the Ministry of Health and Welfare, which determined that “the recipient B used assistants C who belong to the Plaintiff as assistants to support their livelihood activities prohibited by the Act on Activity of Persons with Disabilities.”
C. Based on the above resolution, the Defendant imposed a disposition on March 26, 2019 on the Plaintiff on the ground that “the Plaintiff claimed for reimbursement of KRW 21,495,320, which is the aggregate of the above allowance costs and interest 246,680,000, which is the sum of the above allowance costs and interest 246,680,000, in accordance with Articles 35(1)3 and 24(1)5 of the Act on the Utilization of Social Services and the Management of Vouchers,” on the ground that “the Plaintiff received support for occupational activities prohibited by the Act on Activity of Persons with Disabilities from August 2017 to August 2018.”
(hereinafter “Disposition of this case”). 【The ground for recognition of this case’s Disposition of this case’s Disposition of this case’s Disposition of this case’s No. 1, Eul’s Evidence No. 1, Eul’s Evidence No. 1 (including a provisional number; hereinafter the same)
2. Whether the instant disposition is lawful
A. The plaintiff's allegation 1 disposition ground for the non-existence of action ground for the plaintiff's claim 1 disposition ground for the activity support allowance provided to the non-existent recipient B was conducted at the workplace B, and even if there were support for the activity support, it can be viewed as supporting the social activity of the recipients with disabilities. The plaintiff provided about 200 persons to the contractor with the activity support allowance and supported the activity support activity in the workplace