직장보육시설지원금반환명령등취소청구의소
2010Nu1713 Action for revocation, such as an order to return subsidies for workplace childcare facilities
A
Head of Daegu Regional Labor Agency
Daegu District Court Decision 2010Guhap414 Decided July 21, 2010
November 19, 2010
December 17, 2010
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
The decision of the first instance court shall be revoked. On November 28, 2008, the defendant shall revoke the order of return of the workplace childcare subsidy granted to the plaintiff on November 28, 2008, the decision of collection of additional collection, the disposition of restriction on the payment of subsidy, and
1. Quotation of judgment of the first instance;
A. (1) The first instance court held that each of the dispositions in this case constitutes a binding act in light of the provisions of Article 35 of the former Employment Insurance Act (amended by Act No. 9315 of Dec. 31, 2008; hereinafter referred to as the "former Employment Insurance Act"), Article 56 of the former Enforcement Decree of the Employment Insurance Act (amended by Presidential Decree No. 21015 of Sept. 18, 2008; hereinafter referred to as the "former Enforcement Decree"), Article 78 of the former Enforcement Rule of the Employment Insurance Act (amended by Ordinance No. 319 of Apr. 1, 2009; hereinafter referred to as the "former Enforcement Rule"), the Defendant’s claim for the payment of the subsidies by unlawful means during the first quarter from the second quarter of 207 to the first quarter of 208, and the Plaintiff’s claim for the payment of the subsidies by unlawful means, regardless of whether the Plaintiff received the subsidies by unlawful means, was lawful.
B. Therefore, the reasoning of the judgment of the first instance is cited by Article 8(2) of the Administrative Litigation Act and the main sentence of Article 420 of the Civil Procedure Act.
2. Conclusion
The judgment of the first instance is just, and the plaintiff's appeal is dismissed as there is no ground.
The senior judge of the presiding judge;
Revision of Judges;
Judges Park Jong-ho