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(영문) 부산지방법원 2018.08.30 2017구합24012
고용촉진지원금 반환명령 등 취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Details of the disposition;

A. On December 7, 2015, the Plaintiff was a corporation established for the purpose of the game development business and the game service business, etc., and was employed by B, C, and D (hereinafter “instant workers”) as an employee with no fixed period of time, and was paid KRW 13,50,000 as follows.

C BD

B. On October 28, 2016, the Defendant received notice from the Busan Local Police Agency that the Plaintiff received subsidies for employment promotion from the Plaintiff, and paid KRW 750,000 to the Plaintiff on October 28, 2016. ② A written employment contract stating the date of employment contract and wages with the above workers, and prepared the employment contract as if he had already worked in the Plaintiff’s workplace, and as if he had been employed after completing the above employment-based success program, and ③ even if D had withdrawn on April 25, 2016, on the ground that he falsely claimed subsidies for employment promotion from May 25, 201 to July after retirement, the Defendant made a false claim for subsidies for employment promotion pursuant to Article 35 of the Employment Insurance Act, Articles 26 and 56 of the Enforcement Decree of the same Act, Articles 44 and 78 of the Enforcement Rule of the same Act, and Article 13,50,000,000,000 won additional collection of subsidies for employment promotion from December 17, 2016.

C. The Plaintiff appealed and filed an administrative appeal with the Central Administrative Appeals Commission on January 26, 2017, but was dismissed on August 8, 2017.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1 to 10 (including branch numbers; hereinafter the same shall apply) and the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion 1 completed the actual employment success program around January 2016.

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