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(영문) 부산지방법원 2015.08.27 2014나19810
부당이득금반환
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. Basic facts

A. From December 19, 2005 to August 31, 2013, the Plaintiff served as a caregiver at the Ansan Health Center operated by the Defendant.

B. The Defendant paid subsidies from Busan Metropolitan City to improve treatment expenses, excessive work allowances, and fixed-term work allowances for caregivers working at the above Health Center. On July 1, 2008, the Act on Long-Term Care Insurance for the Aged was enforced, and the payment of the said subsidies was suspended.

C. As of June 30, 2008, Busan Metropolitan City rendered a decision on July 11, 2008 to continue to pay a subsidy of 1.80,000 won for the improvement of treatment only to the employees of sanatoriums for older persons as of June 30, 208. The Seo-gu Busan Metropolitan City received a subsidy for the improvement of treatment from Busan Metropolitan City from July 2008 to August 2013, and paid the Defendant share.

[Ground of recognition] Uncontentious facts, entry of Gap evidence No. 4, and fact-finding on the head of Seo-gu Busan Metropolitan City Office of the first instance, the purport of the entire pleadings

2. Judgment on the plaintiff's assertion

A. The summary of the Plaintiff’s assertion was not paid to the Plaintiff even though it was paid KRW 180,000 per month from July 2008 to August 2013 with subsidies for improvement expenses for the Plaintiff, a caregiver, from Seo-gu Busan Metropolitan City, for which the Plaintiff was granted from July 2008 to August 2013. As such, the Defendant is obligated to pay the Plaintiff a total of KRW 1,1160,000 (i.e., KRW 180,00

B. Determination 1) The Defendant paid to the Plaintiff KRW 160,000 per month for the improvement expenses for treatment before July 2008. From July 2008, the Defendant paid KRW 180,000 per month for the improvement expenses for treatment. From January 2013, the Defendant paid KRW 180,00 per month for the improvement expenses for treatment. From January 2013, the Defendant paid KRW 180,00 per month for the improvement expenses for welfare allowances.

B) The content of the employment contract between the Plaintiff and the Defendant is as follows. 1) The Defendant is the above health center between July 1, 2008 and the Plaintiff from July 1, 2008 to December 31, 2008.

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