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(영문) 인천지방법원 2017.02.16 2016구합53207
시간선택제 일자리창출지원금 반환명령 등 취소 청구
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Details of the disposition;

A. On April 24, 2015, the Plaintiff employed two flexible-time workers to the Defendant, and received subsidies from the Defendant on May 12, 2015 (hereinafter “instant subsidies”) to support the creation of jobs for flexible-time workers (hereinafter “the instant business”). The Plaintiff received subsidies from the Defendant on May 12, 2015.

B. The Defendant issued an order to return KRW 13,029,09,090 to the Plaintiff’s total of KRW 4,343,030 and KRW 8,660,060, which are additionally collected by the Plaintiff on October 2, 2015 pursuant to Article 35 of the Employment Insurance Act and Article 56 of the former Enforcement Decree of the Employment Insurance Act (amended by Presidential Decree No. 26496, Aug. 19, 2015; hereinafter the same) on the ground that “the Plaintiff received subsidies by falsely manipulating the documents submitted at the time of applying for subsidies, and used time workers differently from the approval plan without having to provide part-time work (within 30 hours a week), and issued a disposition restricting the payment of subsidies under Article 56(1) of the former Enforcement Decree of the Employment Insurance Act newly provided for six months from October 1, 2015.

(hereinafter “instant disposition”). C.

On November 24, 2015, the Plaintiff lodged an administrative appeal with the Central Administrative Appeals Commission, which was dissatisfied with the instant disposition, but was dismissed on June 7, 2016.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. Determination on the legitimacy of the instant disposition

A. The Plaintiff asserted that the Plaintiff attempted to employ three flexible-time workers at the beginning, but only two employees employed through the Defendant’s good offices were employed, and thus, they entered into a contract for overtime work. The hours of overtime work that he/she paid to him/her are one hour a day, five hours a week, and five hours a week or less, and the number of hours a week or less is available for overtime work within 20 hours a month under the Ministry of Employment and Labor’s 2015.

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