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(영문) 수원지방법원 2014.03.27 2012구합10773
장애인표준사업장선정취소처분무효확인등
Text

1. The plaintiff's primary claim and the conjunctive claim are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Details of the disposition;

A. Under Articles 22(1) and 82 of the former Employment Promotion and Vocational Rehabilitation of Disabled Persons Act (amended by Act No. 8507, Jul. 13, 2007; hereinafter “Employment Promotion Act”), and Article 82(2)12 of the Enforcement Decree of the same Act, the Defendant shall select the Plaintiff as the business owner eligible for support for standard workplace for disabled persons on May 30, 2007, and the same year.

6. 13. The Plaintiff entered into an agreement on the operation of a standard workplace for persons with disabilities (hereinafter “instant agreement”) with the Plaintiff, and the main contents are as follows:

Article 4 (Amount of Support) A (Defendant, hereinafter the same shall apply): The use of the subsidy under Article 5 (Use of Subsidy) of the amount of KRW 950 million shall be as follows:

1. Expenses incurred in the installation, purchase, and improvement of work facilities, convenience facilities, and auxiliary facilities (including security deposit for lease of a workplace and land purchase expenses for the new construction and purchase of a workplace);

2. Expenses for developing markets and developing technology;

3. At least 30% of the number of the regular workers of the disabled persons (or at least 50% of the number of the regular workers of the disabled persons) under Article 10 (Obligation to Employ Disabled Persons) (1) B (the plaintiff; the same shall apply hereinafter) shall be employed for the convenience of commuting to and from work

In such cases, at least 50% of the persons with severe disabilities shall employ persons with disabilities in the specific type of disability.

(2) The compulsory employees of disabled persons Eul shall be the total number of disabled persons to be newly employed in the average number of disabled workers for the three months immediately preceding the date of public announcement of the business.

In such cases, the number of persons with disabilities to be newly employed shall be one person per subsidy of at least 2,50 million won, and at least 10 persons, and at least 50% of the persons with severe disabilities shall be at least 50%.

Article 10 of the Employment Promotion and Vocational Rehabilitation of Disabled Persons Act shall employ disabled workers and persons with severe disabilities pursuant to Article 3 of the Enforcement Rules of the Employment Promotion of Disabled Persons Act and the Vocational Rehabilitation of Disabled Persons Act on October 6, 2010, and the remainder was modified to comply with the instant agreement.

Article 11 (Period for Implementation of Obligations for Employment) (1) B shall be subject to Article 10 (2) before filing an application for the final subsidy.

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