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(영문) 대전지방법원 2018.06.14 2017구합105530

장애인고용부담금 징수처분 취소

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Details of the disposition;

A. The Plaintiff is a non-profit medical corporation established for the purpose of establishing and operating a medical institution and a medical institution specializing in older persons (a specialized dementia hospital), and is operating a hospital (hereinafter “a non-permanent hospital”) and an E hospital (hereinafter “a non-permanent hospital”) in addition to the C Medical Center established by the director B who is the representative of the Plaintiff.

B. The Defendant issued a disposition to collect from the Plaintiff on December 7, 2016 under Article 33 of the former Employment Promotion and Vocational Rehabilitation of Disabled Persons Act (amended by Act No. 14500, Dec. 27, 2016; hereinafter “former Employment Promotion and Vocational Rehabilitation of Disabled Persons Act”) the amount of at least 100 full-time employees of the said three hospitals (hereinafter “each of the instant hospitals”) with the total number of full-time employees of the said three hospitals operated by the Plaintiff, on the ground that he/she had a duty to employ disabled persons under the former Employment Promotion and Vocational Rehabilitation of Disabled Persons Act (amended by Act No. 14500, Dec. 27, 2016; hereinafter “former Employment Promotion of Disabled Persons Act”), the amount of the charge for the employment of disabled persons in 2013,871,360 won (including surcharges; hereinafter the same shall apply), and the charge for employment of disabled persons in 50,500 won for 2015.

(hereinafter referred to as “instant disposition” in relation to the collection of charges for employing disabled persons with a total of KRW 131,85,910.

(ii)each entry in Eul evidence 1, 2, 6 through 8, 9);

2. The gist of the plaintiff's assertion is F Si/Gun hospitals and Gun hospitals respectively concluded a contract for entrusted operation with G group and operated. Each of the above hospitals and C members of each hospital differ from the founder and the location of the hospital's property. Health officers are separately assigned to each hospital. Safety management duties are operated independently in accounting, personnel exchange, management, wages, labor-management relations, etc., by entering into a separate contract for entrusted operation with each hospital, and each of them has a separate independent non-corporate group.