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(영문) 서울행정법원 2018.12.13 2018구합73652
지역성장산업 지원금 부당이득금환수결정 취소청구
Text

1. On July 10, 2017, the Defendant decided to recover subsidies for local growth industry of KRW 10,800,000 against the Plaintiff.

Reasons

1. Details of the disposition;

A. In accordance with Article 20 of the Employment Insurance Act and Article 17(1)4 of the Enforcement Decree of the same Act, the Ministry of Employment and Labor implements a job creation support project to support part of the labor cost in cases where a business owner of an enterprise falling under the growth promising industry, region-specific industry, return to Korea, or disagreement in the supply and demand of human resources newly employs unemployed persons, and the defendant is the head of a local employment and labor office to whom the Minister of Employment and Labor delegates matters concerning support for job creation by the Minister of Employment and Labor as an agency affiliated with the Ministry of Employment and Labor pursuant to Article 115

B. On November 14, 2014, the Plaintiff submitted a business plan to the Defendant, which provides labor cost support for two workers as workers employed by the regional growth industry, as a corporation engaging in data analysis and online information provision business.

On December 18, 2014, the Defendant decided to approve the business plan in accordance with Article 20 of the Employment Insurance Act, Article 17 of the Enforcement Decree of the same Act, and the guidelines for implementation of employment creation support projects (the Ministry of Employment and Labor’s guidelines, the enactment of September 1, 2014, hereinafter “instant guidelines”).

C. On March 2, 2015, the Plaintiff newly employed workers B and C and applied for the payment of subsidies for employment of the regional growth industry (hereinafter “subsidies”) to the Defendant, and received subsidies totaling KRW 10,80,000 from the Defendant three times from July 17, 2015 to February 25, 2016.

The instant guidelines stipulate that “the period of compliance with the duty to prevent the reduction of the number of workers employed by the relevant workplace (excluding workers employed later than the person eligible for support) shall not be leaving their employment through the adjustment of employment” during the period of compliance with the duty to prevent the reduction of the number of workers (hereinafter referred to as “period of compliance with the duty to prevent the reduction of the number of workers eligible for support”),” and the Defendant is obligated to prevent the reduction of the number of workers D and E (hereinafter “instant workers”).

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