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(영문) 서울서부지방법원 2010.04.28 2009가합10096
보육수당 환수권한 부존재확인 등
Text

1. All of the claims in this case shall be dismissed.

2. Attached list 2 to 75 of the Plaintiff.

Reasons

1. Basic facts

A. As a special public corporation established pursuant to Article 14 of the National Health Insurance Act, the Defendant is a labor union established and operated by the Korea National Health Insurance Corporation (hereinafter referred to as the “Korea National Health Insurance Corporation”) which is a medical institution. The Plaintiffs 2 through 75 (hereinafter referred to as the “Plaintiff employees”) in attached Table 2 through 75 (hereinafter referred to as the “Plaintiff employees”) under a labor contract with the Defendant, and the Plaintiff’s daily hospital labor union of the Korea National Health Insurance Corporation (hereinafter referred to as the “Plaintiff labor union”) is a labor union established and operated by the Korea National Health Insurance Corporation.

B. The Defendant and the Plaintiff trade union concluded a collective agreement (Article 71 of the collective agreement) with the effect that the Defendant and the Plaintiff trade union, on October 30, 2008, removed the expenses for childcare goods that were previously paid in relation to the establishment of workplace childcare facilities, and concluded an entrustment contract with the workplace childcare facilities until the establishment of workplace childcare facilities is completed to support the childcare of its members or to pay childcare allowances under the relevant Acts and subordinate statutes (hereinafter “collective agreement”) (hereinafter “collective agreement for the payment of childcare

(2) The relevant laws and regulations, which form the basis for the payment of childcare allowances, are as follows: (a) the matters agreed in a collective agreement were to be applied retroactively to January 1, 2008.

The purpose of this Act is to contribute to the promotion of family welfare by fostering infants as healthy members of society through the protection of their mental and physical health and sound education and by promoting their guardians' economic and social activities smoothly through the smooth conduct of their economic and social activities.

Article 14 (Establishment, etc. of Workplace Nursery Facilities) (1) Any business owner of a workplace, the scale of which exceeds that prescribed by Presidential Decree, shall establish workplace nursery facilities.

Provided, That if an employer of a workplace is unable to establish workplace childcare facilities independently, it shall be established.

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