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(영문) 춘천지방법원 2019.07.02 2019구합50067
예비사회적기업 지정취소 처분 취소의 소
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 April 1, 2016, the Defendant designated the Plaintiff as a preliminary social enterprise pursuant to Article 14 of the Gangwon-do Ordinance on the Support for Social Economic Promotion.

B. On August 10, 2016, the head of Yangyang Gun concluded an agreement on support for job creation projects with the Plaintiff on the following terms, based on the designated disposition under the preceding paragraph, and accordingly, paid 70% of the labor cost for 12 workers belonging to the Plaintiff from September 1, 2016 to June 30, 2017 as subsidies to the Plaintiff.

(hereinafter referred to as “instant subsidy”). - Details of business: B - Support period: From September 1, 2016 to August 31, 2017 (Reserve 1 year, labor cost of 70%) - Number of subsidized personnel: 12 persons (including the employment ratio of vulnerable class among all workers, at least 50 per cent): Details of support: part of the social insurance premium bearing labor cost of the minimum wage amount.

C. The Yangyang-gun is the workers belonging to the Plaintiff, who were registered as eligible for the instant subsidy from August 2, 2017 to April 2, 2017.

On-site inspections were conducted to verify whether a project under the agreement described in paragraph (1) is actually engaged in the business.

As a result, the head of Yangyang Gun shall be C, D, E, F, and G (hereinafter referred to as “C, etc.”) registered as the recipient of the instant subsidy.

) In fact, H Co., Ltd. (hereinafter “H”) is not an employee of the Plaintiff, but an employee of the Plaintiff.

(B) On November 2, 2017, on the ground that the Plaintiff illegally received the instant subsidy, the Plaintiff recovered the subsidy as follows.

Pursuant to the provisions of Articles 30, 33, and 2017 of the Subsidy Management Act (hereinafter referred to as the “Subsidy Management Act”), an administrative disposition shall be taken as follows (the due date for payment of unlawful receipt: December 1, 2017), as follows: (i) the details of the administrative disposition in the preliminary (designated) details of the enterprise; and (ii) the details of the disposition taken on April 1, 201.

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