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(영문) 서울중앙지방법원 2017.11.16 2015가단5277305
청년인턴지원금 반환청구의 소
Text

1. The Defendant shall pay to the Plaintiff KRW 47,654,210 and the interest rate of KRW 15% per annum from August 20, 2015 to the date of full payment.

Reasons

1. Facts of recognition;

A. The Plaintiff is a corporation entrusted by the State (Seoul Local Employment and Labor Office) with the duties of youth internship in accordance with related Acts and subordinate statutes, such as Article 25 of the Employment Insurance Act.

B. In 209 to 2013, the Plaintiff entered into the Agreement on the Support of Defendants and Youths (hereinafter “instant Convention”) and paid subsidies of KRW 114,106,143.

The instant agreement provides that “where the Defendant received subsidies in an unjust manner in violation of the guidelines and this Convention, it shall be returned at the request of the local government office or the Plaintiff.”

(hereinafter “instant Convention Return Provisions”). C.

The defendant formed the appearance, such as the payment of the actual agreed wage of 1.5 million won for 30 internships, and received 200,000 won from the internships, and received 7.5 million won for 1.5 million won per capita, even after returning 1.5 million won for 1.5 million won per capita, from the plaintiff.

Youth internship subsidies received in relation to employment of the above 30 internships are KRW 9,074,010.

(hereinafter “instant subsidy”). The Seoul Regional Employment and Labor Office found the foregoing fact on July 2013, and found on September 25, 2013, the Subsidy Management Act (hereinafter “Subsidy Management Act”).

Based on Articles 30 and 31, the Plaintiff ordered the Plaintiff to return KRW 9,074,010 of the instant subsidy.

On December 20, 2013, the Plaintiff requested the Defendant to return the instant subsidy amounting to KRW 50,987,530, which is the part of the 2012 and 2013.

In around 2014, the Plaintiff returned KRW 43,318,320 out of the money entrusted as the instant subsidy to the Seoul Regional Employment and Labor Office.

Article 107(1) of the Employment Insurance Act provides that “The right to receive or return subsidies for employment safety and employment promotion shall expire if it is not exercised for three years.”

On December 10, 2014, the Plaintiff KRW 99,074,101 of the instant subsidy.

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