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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. The Plaintiff is a person who operates a youth training center (hereinafter “instant training center”) under the trade name of “C” in the Shinan-gun, Jeonnam-gun.
B. On October 201, 201, the Plaintiff received employment maintenance support payment of KRW 11,642,10 from the Defendant during the period from December 7, 201 to February 29, 2012 (hereinafter “period of employment maintenance measures”) as follows, as the Plaintiff was placed in an inevitable situation due to a significant decrease in the operating revenue of the training center, the Plaintiff received employment maintenance support payment of KRW 11,642,10 from the Defendant.
The amount paid as of the date of application for a leave of absence on December 7, 2011 through December 31, 2011; D, E, F, G, H on January 16, 2012; 3, 935,480 won on January 16, 2012; D, E, F, G, H, and H on January 31, 201 through January 31, 2012; D, 706, 640 won on April 64, 2012; 8,00 won on February 1, 2012 through December 31, 2011; 8,000 won on January 1, 2012 through January 31, 2012;
C. On April 8, 2013, the Defendant, such as the Defendant’s return of subsidies for retaining employees, etc.: (a) the Plaintiff did not take a leave of absence against the Plaintiff, such as the Plaintiff’s work during the period of employment maintenance measures; (b) the Plaintiff received subsidies despite having offered reduction of the amount of subsidies to D, who is an employee under his/her control; (c) on the ground that such payment constitutes a case of receiving subsidies by fraud or other improper means, Article 35 of the former Employment Insurance Act (amended by Act No. 11628, Jan. 23, 2013; hereinafter the same shall apply); (d) Article 56 of the former Enforcement Decree of the Employment Insurance Act (amended by Presidential Decree No. 24155, Oct. 29, 2012; hereinafter the same shall apply); and (e) Article 78 of the Enforcement Rule of the Employment Insurance Act; and (e) additionally collect and restrict the payment of subsidies amounting to KRW 23284,2004;
The following: