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(영문) 서울행정법원 2018.10.05 2017구합54982
약정금
Text

1. The Defendant’s KRW 61,876,718 as well as the Plaintiff’s KRW 5% per annum from February 25, 2017 to October 5, 2018.

Reasons

1. Presumed facts and the background of the filing of the instant lawsuit;

A. The Plaintiff entered into an agreement on consignment operation of the B business is a company conducting job placement services, supplying workers, etc.

On December 29, 2011, the Plaintiff entered into an agreement on the entrusted operation of B (hereinafter “instant entrusted operation agreement”) with the head of the Seoul Regional Employment and Labor Office and the head of the Seoul Regional Employment and Labor Office (hereinafter “instant business”). On December 31, 2012, the Plaintiff entered into the agreement on the entrusted operation of B (hereinafter “instant entrusted operation agreement”) with the same content as “the instant entrusted operation agreement in 2013” (hereinafter “instant entrusted operation agreement”), and entered into the agreement on the entrusted operation in 2013, along with the agreement on the entrusted operation in 2012.

B. Contents 1 of the instant business, which is administered by the Ministry of Employment and Labor, is based on Articles 25 and 34 of the Framework Act on Employment Policy, Article 25(1) of the Employment Insurance Act, and Article 7 of the Special Act on the Promotion of Youth Employment, and the job placement of human resources suitable for small and medium enterprises having difficulties in job placement at the same time providing opportunities for employment to young people having difficulties in employment. If an intern is employed, 50% of the wage for the internship period for a maximum of six months (the upper limit of KRW 80,000 per month) shall be provided to the employing company (hereinafter referred to as “an intern subsidy”).

(B) The Ministry of Employment and Labor shall provide the 650,000 won per month to regular employees in addition to a fixed amount for up to six months. For the implementation of the instant project, the Ministry of Employment and Labor shall annually provide “B Implementation Guidelines” (hereinafter “instant Implementation Guidelines”).

(2) The Seoul Regional Employment Agency (hereinafter referred to as the “Operation Agency”) which is an employment center of each party to the instant project, has entered into an agreement on the entrusted operation of the instant project as the Plaintiff.

The entrusted operation expenses and internship subsidies shall be paid to and refunded to the entrusted operation expenses, and the entrusted operation expenses shall be paid for the smooth performance of the operation institution.

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