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(영문) 서울행정법원 2020.03.12 2019구단71434
부정수급처분 등 취소
Text

1. On October 1, 2019, the Defendant rendered a disposition following the illegal receipt of the B-employment internship system against the Plaintiff, which was KRW 3,600,000.

Reasons

1. Details of the disposition;

A. The Ministry of Employment and Labor: (a) provided unemployed persons with opportunities to develop their job abilities and have career experience through the internship work experience in small and medium enterprises; and (b) entrusted the instant business operation affairs to C (hereinafter “C”) following the public offering process in order to promote full-time employment suitable for their aptitude experience.

The defendant shall be the head of an employment security office to which the Minister of Employment and Labor delegates his/her authority for the business of this case pursuant to Article 115 of the Employment Insurance Act, Article 35 subparagraph 2 of the Enforcement Decree of the same Act, and Article 145

B. On February 5, 2015, the Plaintiff, a corporation whose purpose is advertising agency business, advertising business, etc., agreed to participate in the instant business as an executor company, and entered into an internship support agreement with C on February 5, 2015.

C. The Plaintiff applied for subsidies to C from April 2015 to September 2016 to employ D, E, F, G, and H (hereinafter “D, etc.”) as an intern, and received the internship subsidy, and thereafter, employed both D, etc. as a full-time employee, and applied for subsidies for full-time conversion to the Defendant.

2-2

C. As seen in Paragraph 1, “the purpose and outline of the instant project,” the internship support fund and regular conversion support fund are different in terms of the subject of payment, requirements for payment, and the following difference.

The internship subsidy: The implementing company shall pay the salary to the internship and apply for the subsidy to the operating institution after employing the internship in accordance with the instant project.

Upon receipt of an application for subsidies, the operating agency shall apply for subsidies to the head of the employment security office, and the head of the employment security office shall notify the operating agency of the decision to grant internship

An operating agency in receipt of the internship subsidy from the head of an employment security office shall pay the implementing company.

The full-time conversion subsidy: the internship employed by the executing company.

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