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(영문) 서울행정법원 2018.07.05 2017구합75453
장애인 표준사업장 지원금 환수처분 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 24, 2010, the Defendant: (a) selected the Plaintiff as a business owner eligible for support for disabled persons; (b) concluded an agreement on operating standard workplaces for the subsidiary companies (hereinafter “instant agreement”) with the Plaintiff, which is a corporation for the purpose of weathering and operating agency business of the Employment Promotion and Vocational Rehabilitation of Disabled Persons Act (amended by Act No. 10460, Mar. 9, 201; hereinafter the same shall apply); (c) Article 82(2)12 of the Enforcement Decree of the Employment Promotion and Vocational Rehabilitation of Disabled Persons Act (amended by Presidential Decree No. 22709, Mar. 15, 2011; hereinafter the same shall apply).

The President of the Korean Employment Agency for Disabled Persons A (hereinafter referred to as the "A") shall enter into an operating agreement with the plaintiff (hereinafter referred to as "the plaintiff") selected as the support business owner of the subsidiary workplace under Articles 2, 22, and 23 of the Employment Promotion and Vocational Rehabilitation of Disabled Persons Act (hereinafter referred to as the "Act"), Articles 21 and 21-2 of the Enforcement Decree of the same Act, Article 3 of the Enforcement Rule of the same Act, and Article 2010-7 of the Enforcement Rule of the Ministry of Labor (hereinafter referred to as the "Rules"), with respect to the support and operation of the subsidiary workplace:

Article 4 (Amount of Support) "A": Article 10 (Obligation to Employ) (1) "B" in receipt of the second grant shall employ all of the employees responsible for employment within 12 months from the date of receipt of the second grant, and shall meet the standards under Article 3 of the Enforcement Rule of the Act.

(2) The number of employees with disabilities referred to in "B" shall be calculated as the average monthly workers by quarter (if there is a fraction less than one person, such fraction shall be cut off) and the number of employees with disabilities shall be calculated as the average monthly workers with disabilities by quarter (if there is a fraction less than one person, the fraction shall be cut off) in order to verify whether the employment obligation of persons with disabilities referred to in "B" is fulfilled.

except that the period of employment obligation.

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