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(영문) 서울중앙지방법원 2018.05.30 2017나84169
청년인턴지원금 반환청구의 소
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

The court's explanation of this case by the court of the first instance as to this case is the same as the part of the reasoning of the first instance judgment, and thus cites this case in accordance with the main sentence of Article 420 of the Civil Procedure Act, except for adding the following Paragraph 2

Even if the defendant's assertion as to whether the defendant is subject to additional contents civil litigation has received youth internship subsidies (hereinafter "subsidies") unlawfully, the recovery of the subsidy against the illegal recipient can be collected in the same manner as national or local tax collection is in accordance with Article 33-2 of the Subsidy Management Act (hereinafter "Subsidy Act"). Thus, the defendant cannot claim the return of the subsidy as civil litigation.

Judgment

Relevant provisions of the former Subsidy Act (amended by Act No. 12161, Jan. 1, 2014; hereinafter the same shall apply) applicable to this case are as shown in the attached Form.

Article 2 of the former Subsidy Act of the Plaintiff and the Defendant defines “subsidized Project” as “business affairs or projects subject to the grant of subsidies”, “subsidized Project Operators” as “subsidized Project Operators,” and “the recipient of subsidies” as “the recipient of (indirect) indirect subsidies,” respectively.

According to this phrase, only a person who implements a subsidy program or an indirect subsidy program is a subsidy program operator or an indirect subsidy program operator, and even if a certain project is not implemented with the benefit of a subsidy, the subsidy recipient is a subsidy recipient.

For example, where a subsidy program is an "issuance of ordinary passports" (the No. 1 attached Table 1 of the Enforcement Decree of the Subsidy Act), a local government that conducts the issuance of ordinary passports shall become a subsidy program operator and there is no subsidy recipient. On the other hand, where a subsidy program is a "support for the industrial complex of rural resources" (the No. 12 attached Table 1 of the Enforcement Decree of the Subsidy Act), a local government that performs such support work shall be

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