2015Nu57347 The revocation of the disposition to revoke the creative start-up promotion allowance and the refund thereof.

D

The Head of Seoul Regional Employment and Labor Office Seoul Southern Site

Seoul Administrative Court Decision 2015Guhap3065 decided August 27, 2015

November 19, 2015

December 17, 2015

1. The defendant's appeal is dismissed.

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

1. Purport of claim

The Defendant’s disposition of recovering allowance for promoting the creation and start-up of a new job and start-up to Plaintiff (Appointed Party) and Appointed A, B, and C on November 24, 2014 is revoked.

2. Purport of appeal

The judgment of the first instance is revoked. The claims of the plaintiff (party) and the selector A, B, and C are dismissed.

The reasoning for the court's explanation on this case is as follows: (a) except for the change of "D" in Section 2, Section 3, and Section 21 of the first instance judgment to "A" and "Plaintiff (Appointed Party)" in Section 3, as stated in the reasoning of the first instance judgment, Article 8 (2) of the Administrative Litigation Act and the main sentence of Article 420 of the Civil Procedure Act are as follows (the grounds asserted in the first instance court while the defendant appealed, are different from the contents as alleged in the first instance court; (b) in light of the defendant's above assertion 1, it is insufficient to recognize that the first instance court and the plaintiffs received the creative or business start-up promotion allowance of this case by false application or other unlawful means, and it is not different from the first instance court's determination that there is no other evidence to acknowledge this).

Therefore, the judgment of the court of first instance is legitimate, and the defendant's appeal is dismissed as it is without merit. It is so decided as per Disposition.

Judges of the presiding judge, Yellow Judge

Judges Hun-Ba

Judges Kim Gin-ran

1) As to the plaintiffs' 'liability as the name holder' alleged by the defendant, the evidence of the defendant's submission alone is sufficient to establish and start the job in this case.

In connection with the application for promotional allowances or the receipt of allowances, it was intended to invite E, etc. to use the name of E, etc.

It is not sufficient to recognize that there is no other evidence to prove it.

A person shall be appointed.