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(영문) 대전지방법원 2017.07.13 2016구단100647
부당이득금징수처분취소
Text

1. The Defendant’s subsidies for extension of employment of the aged (the extension of retirement age) against the Plaintiff Green Co., Ltd. on March 24, 2016 28,462.

Reasons

1. Details of the disposition;

A. The Plaintiffs’ Rules of Employment amended 1) The Plaintiff Green Cross Co., Ltd. is the manufacture and sale of the interior materials in the construction, and the Plaintiff’s Signals Co., Ltd. (hereinafter “Plaintiff’s Signals”).

(2) The rules of employment established around July 2008 by Plaintiff Signals Co., Ltd. and Plaintiff Signals Co., Ltd. provide that with respect to the retirement age, “the retirement age of members shall be at the time when the age of 55 expires, and any person deemed necessary by the company may be reappointed for a fixed period, such as a commission, for a temporary position.”

3) Around July 2013, Plaintiff Green Co., Ltd. revised the rules of employment around October 2013 with Plaintiff’s signaler, and the revised rules of employment provide that “The retirement age of workers shall be the last day of the month in which they reach the age of 58 years, and may be re-employed upon commission as required by the company: Provided, That the Plaintiff Green Co., Ltd. (1) applied for the subsidies for promotion of employment of the elderly to the Defendant on the ground that the retirement age of the workplace was changed from 55 years to 58 years, and that the retirement age of the workplace was changed from 55 years to 58 years, and the Defendant paid the Plaintiff Green Co., Ltd. a total of 28,462,540 won (excluding the money that was partially recovered) from May 7, 2014 to September 30, 2015.

2) The Defendant filed an application for the subsidy for promotion of employment of the aged on the ground that Plaintiff Signals changed the retirement age of the workplace, and the Defendant determined the period from January 7, 2014 to September 30, 2015 as the amount of the subsidy of KRW 6,725,80 in total to the Plaintiff Signals. 3) On March 10, 2016, the Defendant is “the return of unjust enrichment for extension of employment of the aged” with the Plaintiff Signals.

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