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(영문) 서울행정법원 2015.06.26 2015구합2376
운영보조금반환처분취소
Text

1. On November 21, 2014, the Defendant’s personnel expenses for the staff of the Secretariat of the legal entity, among the orders given to the Plaintiff to return subsidies.

Reasons

Details of the disposition

The Plaintiff between the Defendant and the Defendant on November 20, 2012, and between December 1, 2012 and November 30, 2015, the terms and conditions that the Plaintiff is entrusted by the Defendant with the management and operation of Yongsan-guB ( nine places), and the Plaintiff and the Defendant’s “Yansan-gu B Trust Agreement” under the terms and conditions that the Plaintiff was entrusted with the management and operation of Yongsan-guB ( nine places) (hereinafter “instant agreement”).

AB concluded this chapter

(See Article 104(3) of the Local Autonomy Act and Article 9(1) of the Yongsan-gu Seoul Metropolitan Government Ordinance on the Establishment and Operation of Juvenile Facilities with respect to the above-mentioned Acts and subordinate statutes on the basis of entrustment. On September 13, 2013, the Plaintiff submitted to the Defendant a budget bill for Yongsan-guB ( nine places) in 2014 pursuant to Article 21 of the Yongsan-gu Seoul Metropolitan Government Rules on the Establishment and Operation of Juvenile Facilities

The budget bill submitted by the Plaintiff was composed of 487,753,11 won for personnel expenses, 271,658,800 won for operating expenses. However, personnel expenses were composed of 9 directors and 9 general affairs members for basic personnel expenses, general personnel expenses, non-regular personnel expenses, and 4 major insurance expenses. Of operating expenses, personnel expenses for night employees included 70,858,800 won for night employees.

Pursuant to Article 21 of the above Rule, the defendant approved the total amount of KRW 634,257,000 as the budget of Yongsan-gu (nine places) in 2014 among the budget proposals submitted by the plaintiff.

The above budget approved by the Defendant was specifically included in personnel expenses of KRW 487,753,00, operating and support expenses of KRW 102,326,00, and work allowances of night workers of KRW 44,178,00.

Expenses incurred by the Plaintiff in operating B are subsidized by the Defendant pursuant to Article 8(1) of the instant agreement, the amount of funds transferred to a corporation and other profits, and the amount paid by the juveniles while using B is to be covered by the project cost pursuant to Article 8(3) of the instant agreement.

However, from January 2014 to April 2014, the Plaintiff paid the sum of KRW 14,770,490 to C and D, an employee of the legal entity, who was granted subsidies from the Defendant, and paid the sum of KRW 14,70,490 to C5,270,490, and D8,500.

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