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(영문) 광주지방법원 2017.09.14 2017구합10906

시간선택제일자리지원사업지원금반환명령등 취소

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1. All of the plaintiff's claims are dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. 1) The Plaintiff is a long-term care institution C (hereinafter “instant medical care center”) on the second floor of the building located in Seo-gu, Seo-gu, Gwangju, Seo-gu.

(2) Pursuant to Articles 20 and 25 of the Employment Insurance Act and Articles 17(1)3 and 17(2) of the Enforcement Decree of the same Act, the Defendant grants subsidies to employers who employ flexible-time workers by newly creating a part-time work unit (a part-time work contract without a fixed period of time, and a work unit having no difference in working conditions such as wages, etc.) through the reorganization of a work system, the development of a new part-time work unit, etc.

(hereinafter “instant project”). (b)

The Plaintiff received the instant subsidies was employed by the Defendant as a part-time worker who will work at the instant medical care center as a part-time worker, and applied for the payment of subsidies for the instant business.

Accordingly, according to the instant project, the Defendant paid the Plaintiff subsidies as stated in the following table:

(hereinafter referred to as “instant subsidy”). The period of calculation of the name payment payment date D. 5,758,050 E from October 24, 2015 to October 24, 2015, 2015, 5,758,050 E from October 201, 201 to October 24, 2015, 50 from October 201, 2015 to July 24, 2015, 5,758,050 F from October 201, 2015 to June 24, 2015 to 1,508,050 G from October 301, 205 to October 24, 2014; and

C. On January 7, 2016, the Defendant issued an order to return KRW 14,084,150 of the instant subsidy to the Plaintiff on the following grounds: (a) additionally collect KRW 42,225,450 corresponding to the three times of the instant subsidy; and (b) issued a disposition to restrict the payment of subsidies for the instant project from January 7, 2016 to January 6, 2017.

(hereinafter “instant disposition”). The Plaintiff on the ground of disposition is a document as if the instant worker worked on a full-time basis, even though he actually worked on a full-time basis.