기타(일반행정)
1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Determination on the legitimacy of the instant lawsuit
A. The summary of the cause of the Plaintiff’s claim is as follows: (a) the Defendant was a person who operated a service business, such as education, with the trade name of points C from the Jeonsi-gu Seoul Special Metropolitan City B, and the Defendant was paid KRW 9,00,000,000 for new employment promotion grants corresponding to the respective employment period corresponding to the respective employment period, from May 26, 2008 to December 10, 2008, for six months from May 26, 2008, and for three months from July 16, 2008; and (b) during the period from July 22, 2008 to December 10, 208, by the Plaintiff’s agency, from the Gwangju Local Labor Agency.
However, the Defendant, after receiving the above new employment promotion incentive, retired from employment D and E through employment adjustment on December 25, 2008, since it did not meet the requirements for the payment of the new employment promotion incentive to the effect that the Defendant is a business owner who does not leave his/her workplace through employment adjustment from three months before employment to 12 months after employment. Thus, the above new employment promotion incentive was paid without any legal ground.
Therefore, the Plaintiff should return to the Defendant the remainder of KRW 3,300,000 after deducting the amount of KRW 5,700,000 already returned during the period from April 30, 2010 to July 24, 2012, from the amount of KRW 9,00,000.
B. According to the evidence evidence Nos. 3 and 5, the head of the Gwangju Regional Employment and Labor Office: (i) around January 19, 2009, the head of the Gwangju Regional Employment and Labor Office seeks to recover KRW 9,000,000 already paid for the Defendant on the ground that there was a severance from employment during the period of the reduction of employment due to his retirement due to his retirement, D, and E; (ii) notified the Defendant of the recovery decision by the payment notice; and (iii) notified the above recovery decision by the payment notice, stating that “if there is an objection to the said decision, he may file a civil lawsuit”; and (iii) the Gwangju Regional Employment and Labor Office.