The judgment below

From December 4, 2009 to August 26, 2011, the defendant's disposition of restricting the payment of subsidies for employment security projects is related.

1. Ex officio determination

A. Article 35(1) of the former Employment Insurance Act (amended by Act No. 1039, Jun. 4, 2010; Act No. 13041, Jan. 20, 2015; hereinafter “former Employment Insurance Act”) provides that “The Minister of Employment and Labor may order a person who has received or intends to receive support for employment security and vocational skills development programs under the provisions of this Chapter by fraud or other improper means, to restrict such support or to return the amount subsidized by fraud or other improper means, as prescribed by Presidential Decree.”

(hereinafter “instant legal provision.” However, the Constitutional Court decided on March 31, 2016 that the provision of the instant legal provision “to restrict or restrict support, as prescribed by Presidential Decree” (hereinafter “the provision of the instant legal provision”) is unconstitutional on the ground that the provision of the instant legal provision goes against the principle of prohibition of comprehensive delegation under Article 75 of the Constitution, and that “the provision of the instant legal provision may order the return of the amount subsidized by fraudulent or other illegal means” (hereinafter “the part of the order to return”) is not unconstitutional.

B. According to the reasoning of the lower judgment and the records of the first instance judgment as cited by the lower court, on August 27, 2010, the Defendant received employment maintenance support payment from the Plaintiff by fraudulent or other illegal means (hereinafter “instant disposition of restricting payment”). ① A disposition of restricting payment of subsidies, etc. from December 4, 2009 to August 26, 201 (hereinafter “instant disposition of restricting payment”); ② A disposition of imposing employment maintenance support payment amounting to KRW 15,262,50, and additional collection amounting to KRW 59,62,50 (hereinafter “instant disposition of restricting payment”) by applying the part of the instant legal provision, such as an order for return, etc.