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(영문) 전주지방법원 2018.12.13 2017구합2377
무상지원금 지원대상자선정취소등 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 company with the purpose of producing and selling products for the aged and products for the disabled, and the defendant is a public corporation established under Article 43 of the Employment Promotion and Vocational Rehabilitation of Disabled Persons Act.

B. On April 23, 2013, the Plaintiff entered into an operation agreement with the Defendant on the standard workplace for persons with disabilities (hereinafter “instant operating agreement”). The main contents are as follows.

Article 3 of the Operating Agreement for Standard Workplaces for Persons with Disabilities

8. The term "mandatory number of employees" means the number of persons with new plans for employing persons with disabilities (including persons with plans for employing persons with severe disabilities) according to an application in attached Form 1 of the Regulations;

9. The term "new number of employees with disabilities" means persons with disabilities newly employed from the date of being selected as persons eligible for subsidies for standard places of business for persons with disabilities, and where a person employed at the relevant place of business before being selected as persons eligible for subsidies is re-employed within six months after his/her retirement,

Article 4 (Duties to Pay Subsidies and Assistance)

1. The amount of support money for Gap (hereinafter referred to as the "defendant"): 386,00,000 won;

2. The number of compulsory employees of Eul (hereinafter referred to as the "Plaintiff"): Six persons (five persons with severe disabilities);

3. Article 9 (Obligation to Employ) (1) The Plaintiff shall employ all new employees under Article 4 within 12 months from the date on which he/she is paid the secondary subsidy, and shall comply with the standards for the standard workplace for persons with disabilities under Article 3 of the Enforcement Rule of the Act;

(2) The unit period for determining whether the performance of the plaintiff's employment obligation is appropriate shall be the monthly unit, and the defendant shall confirm and determine the number of regular workers and disabled persons.

Article 10 (Period of Mandatory Employment) (1) The plaintiff shall maintain the employment obligation under Article 9 for seven years from the following month of the first fulfillment of the obligation to employ disabled persons under Article 9.

Article 14 (Corrective Measures) (1) A defendant.

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