고용촉진지원금지급거부처분취소
1. The Defendant’s disposition rejecting the payment of employment promotion subsidy granted to the Plaintiff on June 24, 2014 is revoked.
2. The costs of lawsuit shall be.
1. Details of the disposition;
A. On January 3, 2014, the Plaintiff, as the representative of the BP Accounting Office located in Seongdong-gu Seoul (hereinafter “instant office”), newly employed C on January 3, 2014, applied for the payment of employment promotion subsidy to the Defendant on June 13, 2014.
B. On June 24, 2014, the Defendant rendered a disposition to not pay employment promotion subsidies to the Plaintiff on the ground that C is an employer with a fixed term of employment contract (hereinafter “instant disposition”).
【Ground of recognition】 The fact that there has been no dispute, Gap evidence 7 through 10, Eul evidence 1, the purport of the whole pleadings
2. Determination on the legitimacy of the instant disposition
A. The Plaintiff asserted that C was employed as a regular employee.
However, in order to indicate the calculation period of annual salary in a written employment contract prepared by the Plaintiff at the time of employment of C, only one-year employment contract period was written as a practice.
As such, even though the Plaintiff and C concluded a regular employment contract with each other, the instant disposition by the Defendant, which did not accept the Plaintiff’s application by deeming C as a contractual worker on the sole basis of the formal description of the period of the employment contract stipulated in the employment contract, is unlawful
B. 1) From December 2014, the Plaintiff issued a recruitment notice to recruit full-time workers to work at the instant office on the Internet employment site from around December 2014. 2) The Plaintiff: (a) was aware of the jobs that can work as full-time workers after completing the process of employment success and key conducted by the Ministry of Employment and Labor; and (b) reported the recruitment notice paid by the Plaintiff; and (c) was supported to the instant office by stating the form of employment as regular employees on December 27, 2013.
3 On January 6, 2014, the Plaintiff and C confirmed that C is employed as a regular worker on an oral basis, and drafted a contract of employment.
However, Article 2 (1) 2 of the Labor Contract, which was prepared at the time, is "labor contract period" from January 3, 2014 to January 3, 2015.