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(영문) 서울행정법원 2017.01.25 2015구단15641
중소기업청년취업인턴제지원금반환명령취소
Text

1. On October 27, 2014, the Defendant’s small and medium enterprises of KRW 9,950,000, located in the Korea Economic Management Institute Co., Ltd.

Reasons

1. Details of the disposition;

A. The Korean Federation of Middle-Standing Enterprises, an incorporated, is an institution that is entrusted by the Minister of Employment and Labor with affairs concerning youth employment internship projects (hereinafter “instant projects”) based on relevant statutes, such as Article 25(1)3 of the Employment Insurance Act, Article 35(1)3 of the Enforcement Decree of the Employment Insurance Act, and Article 36(1)3 of the Enforcement Decree of the Employment Insurance Act.

B. The Plaintiff Korea Economic Management Institute Co., Ltd. (hereinafter “Plaintiff”) received KRW 1,950,00 from the Defendant each of the Defendant for full-time conversion support allowances on the ground that the Plaintiff, while participating in the instant projects in 2012 and 2013, was employed as A and B in 2012 and C in 2013, and that the internship support allowances of KRW 8,000,000 were converted from the Nonparty corporation to the Nonparty corporation and the said internship to the full-time employee.

C. The Plaintiff, a local economic management research institute, (hereinafter “Plaintiff”) concluded an internship support agreement with the non-party legal entity and employed D, E, F in 2012 and 2013 as G, H, I, J, K, L, and M in 2013, and paid KRW 23,371,670 from the non-party legal entity, and paid KRW 3,90,000,000 for regular conversion subsidy from the Defendant on the ground that the said intern was converted into a regular position, on the ground that he/she participated in the instant project in 2012 and 2013.

On October 27, 2014, the Defendant: (a) submitted to the Plaintiff Company a false application document for internship to the Plaintiff Company; and (b) received subsidies in violation of the requirements for pre-employment and direct selection; (c) Article 35 of the Employment Insurance Act and Article 56 of the Enforcement Decree of the same Act; and (d) Articles 30 and 31, 2012 and 2013 of the Subsidy Management Act (hereinafter “Subsidy Act”); and (c) hereinafter “instant implementation guidelines.”

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