장애인고용장려금 부정수급액 환수 등 처분 취소청구의 소
1. On May 26, 2015, the Defendant rendered a disposition to the Plaintiff, such as recovering the amount of the employment incentive illegally received by persons with disabilities, and paid the erroneous amount.
The Plaintiff is a non-profit non-governmental organization that runs the business of promoting the welfare of disabled persons, and the Defendant is a public corporation established under Article 43(1) of the Employment Promotion and Vocational Rehabilitation of Disabled Persons Act (hereinafter “Employment Promotion and Vocational Rehabilitation of Disabled Persons Act”).
On May 26, 2010, the Defendant issued a disposition of unjust enrichment of KRW 187,980,000 in total, pursuant to Article 31(1) of the Employment Promotion of Disabled Persons Act, on the ground that the Plaintiff received the employment incentive for disabled B, C, and D using unlawful means from the first half of 2011 to the second half of 2013, on the ground that: (a) the Plaintiff’s salary paid to the disabled A, who was hospitalized, cannot be deemed as the remuneration for work; and (b) the Plaintiff’s payment of the employment incentive for disabled B, C, and D does not constitute a full-time employee for the calculation of the employment incentive for disabled persons (hereinafter “employment incentive”); and (c) the Plaintiff’s payment of the employment incentive for disabled persons, from the second half of 2011 to the second half of 2013
(hereinafter referred to as “instant disposition”). The plaintiff asserts that 2,40,000 won for the first half of 2011 additional collection shall be 7,800,000 25,600,4000 for the second half of 2011 7,800,8000 for the second half of 2000,80323,400,000 for 323,400,000 for 31,200,000 for 323,400,000 for 31,200,000 for 20,020,007,000 for the second half of 20,000 for 20,007,000 for 30,000,000,000 for 50,000 for the second half of 200,636,005 for the second half of 200
The employment incentive which has been paid by mistake is non-existence of the grounds for the disposition.