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(영문) 서울행정법원 2015.08.27 2015구합3065
창직.창업촉진수당환수처분취소
Text

1. On November 24, 2014, each of the Defendant’s creative start-up promotion allowances for the Plaintiff (Appointed Party) and the appointed parties B, C, and D.

Reasons

1. On November 24, 2014, the Defendant rendered a disposition to recover two million won for each of the allowances paid to the Plaintiffs on the ground that: (a) the Plaintiff (Appointed Party) and the appointed parties B, C, and D (hereinafter “Plaintiffs”) had not actually worked as an intern at an internship-working company; (b) the Defendant received false applications for the creative start-up promotion allowance even though they did not have actually worked as an intern.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4, purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff asserted that the Plaintiffs merely made and issued passbooks and cards by deceiving E, F, etc., and that the Plaintiffs did not file an application for the creative start-up promotion allowance or receive allowances.

(b) If a subsidy program operator falls under any of the following, the head of a central government agency may fully or partially revoke the decision to grant subsidies under Article 30 of the Act on the Management of Subsidies related to Statutes.

1. Where he/she has used subsidies for other purposes;

2. Have violated statutes, the details of the decision to grant subsidies, or the dispositions of the head of a central government agency;

3. Where an indirect subsidy program operator falls under any of the following cases, the head of a central government agency may fully or partially cancel a decision to grant subsidies related to the indirect subsidy program operator:

1. Where he/she uses an indirect subsidy for other purposes;

2. Where it violates statutes;

(3) Article 19 shall apply mutatis mutandis where he/she revokes a decision to grant indirect subsidies pursuant to paragraphs (1) and (2).

Article 33-2 (Recovery, etc. of Subsidies to Subsidy Recipients) (1) The relevant subsidy recipient shall be as follows:

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