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(영문) 수원지방법원 2019.05.16 2018구합70609
고용촉진지원금 반환처분 등 취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

Details of the disposition

The Plaintiff is a person who runs the retail business, etc. of telecommunications equipment and appliances under the trade name of "C" (hereinafter referred to as "the instant business establishment") in Yongsan-gu, Busan-si.

On November 4, 2017, the Defendant issued a return order of KRW 17,300,000 to the Plaintiff on November 4, 2017, on the ground that the Plaintiff intentionally concealed the fact that the Plaintiff was employed prior to the completion of the first phase of employment success program, which is a employment promotion support program (hereinafter “instant support program”) for D and E, who is eligible for subsidies for employment promotion, and issued a disposition of additional collection of KRW 34,60,000 due to fraudulent act.

A) The Plaintiff filed an administrative appeal against the instant disposition, but the said claim was dismissed on June 12, 2018. [The Plaintiff’s assertion of the overall purport of the Plaintiff’s argument as to the instant disposition, in violation of Articles 21(1) and 22(3) of the Administrative Procedures Act, that the Defendant did not practically give the Plaintiff an opportunity to give prior notice and present opinions, and thus, the instant disposition is unlawful.

Since the Plaintiff employed E on July 20, 2016, the instant disposition that was based on the premise that the Plaintiff had already employed E on April 20, 2016, prior to the completion of the first stage of the instant support project, is unlawful.

It is as shown in the attached Form of the relevant statutes.

Judgment

Article 21(1) of the Administrative Procedures Act provides that in cases where an administrative agency imposes an obligation on a party or imposes a disposition restricting his/her rights and interests, the relevant party shall be notified of the facts and details of the disposition and legal basis, etc., which are the grounds for the disposition, in advance, and prior to the disposition, the relevant party shall be notified of the relevant party, etc.

Therefore, the notice is written.

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