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(영문) 광주지방법원 2020.01.23 2019구합11439

장애인 고용부담금 추가징수결정 취소청구

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1. Of the instant lawsuit, the Defendant’s refusal to refund KRW 6,358,80 against the Plaintiff on December 20, 2017.

Reasons

1. Details of the disposition;

A. The Plaintiff, including A Hospital, is operating A Hospital, D major Hospital, A dental hospital, E University Hospital, and A children’s hospital.

(hereinafter “Plaintiff Hospital”) is a legal entity that establishes and operates the Employment Promotion and Vocational Rehabilitation of Disabled Persons Act (amended by Act No. 14500, Dec. 27, 2016; hereinafter “former Employment Promotion and Vocational Rehabilitation of Disabled Persons Act”) and is delegated by the Minister of Employment and Labor with the authority to collect charges and additional charges for disabled persons pursuant to Article 82 of the former Employment Promotion and Vocational Rehabilitation of

B. On August 30, 201, the Plaintiff entered into an entrustment agreement with the purport that B convalescent Hospital (hereinafter “military hospital”) is entrusted by Gwangju Metropolitan City (hereinafter “Si Hospital”) and the C Hospital (hereinafter “Si Hospital”) is entrusted by the said two hospitals, and on July 31, 2013, the Plaintiff is operating the said hospital upon entrustment.

(hereinafter referred to as the “each of the instant hospitals” in combination with a military-affiliated hospital and a Si hospital.

The Plaintiff reported to the Defendant each of the charges for the employment of disabled persons (hereinafter “charges”) in 2014, 2015, and 2016, based on the number of employees with disabilities according to the number of employees with disabilities at the Plaintiff hospital’s regular workforce.

From August 24, 2017 to November 20, 2017, the Defendant requested the Plaintiff to submit documents related to calculation of each of the charges, etc. on the ground that each of the charges reported by the Plaintiff was calculated by omitting the number of employees working at each of the instant hospitals in the year 2014, 2015, and 2016.

E. On December 15, 2017, the Defendant notified the Plaintiff of the prior disposition that the Plaintiff additionally collects KRW 11,055,000 (i.e., 10,050,000 additional charges of KRW 1,005,00) based on the monthly average number of regular workers of the Plaintiff hospital and each of the instant hospitals (i.e., 19,80,80,000 additional charges of KRW 1,05,00) and the total of the charges and additional charges in 21,868,00 (i.e., 19,80,000 additional charges of KRW 1,98,00).

F. Meanwhile, the Plaintiff is the Defendant.