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(영문) 울산지방법원 2020.11.12 2020구합6017

보상금등지급신청기각결정취소

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On February 15, 2019, the part concerning B of the job promotion support fund that the defendant made to the plaintiff shall be revoked.

Reasons

In light of the aforementioned legal principles, the lower court determined that the instant disposition was “the termination of the internship support agreement, the restitution of illegal amount of support, and the suspension of support (the 3,590,000 won for internship support, and the 7,800,000 won for regular conversion support)” and “the prohibition of hiring an intern for three years (the period from June 24, 2016 to June 23, 2019).”

(2) On September 14, 2017, the Plaintiff filed an application for employment promotion subsidy with the Defendant on the ground that the Plaintiff employed the instant workers, and the Defendant accordingly rejected payment on November 29, 2017.

(hereinafter “previous Site Price Disposition”). Employment promotion subsidy applied by a person who has returned to the company pursuant to Article 35 (Restrictions, etc. on Support due to Illegal Acts) of the Employment Insurance Act and Article 56 (Restriction on Restrictions on Payment of Subsidies, etc. due to Illegal Acts) of the Enforcement Decree of the same Act is rarely known.

* There shall not be a subsidy to be newly provided within one year from the date of restriction on payment due to a fraudulent act.

* Disposition on the Illegal Demand and Supply of the Changwon Youth Together System (as of June 24, 2016; prohibition on the new employment of internship on June 23, 2019; date of the final judgment of the Supreme Court; November 9, 2017): The period of restriction on payment of subsidies or incentives: June 24, 2016 to June 23, 2017 (limited to 12 months or more at least 10 million won)* Persons subject to restriction on payment (as of July 29, 2016), B (new employment of August 1, 2016) (3) the Plaintiff applied again for a restriction on payment of subsidies to the instant workers on February 27, 2018; the Defendant returned the application to the Plaintiff on March 7, 2018; the Defendant returned the application to the Plaintiff on June 15, 2018 to the effect that the Plaintiff would return the application to the Defendant.

(4) On April 3, 2018 and April 12, 2018, the Plaintiff filed an application for employment promotion subsidy to the instant workers, and the Defendant rendered a return on April 16, 2018 on the ground that the said application was already subject to the previous site pay disposition.