1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Details of the disposition

On September 24, 2014, the Plaintiff submitted a part-time job creation plan report to the Defendant on September 24, 2014, and obtained approval from the Defendant on October 20, 2014.

On February 1, 2015, the Plaintiff newly employed B as an operator of a training establishment, and received KRW 5,150,000 as subsidies for six months from March 2015 to September 2015.

On May 12, 2016, the Defendant decided to grant subsidies from May 12, 2016 to the Plaintiff pursuant to Article 20 of the Employment Insurance Act (i.e., the amount additionally collected at KRW 10,300,000, based on illegal receipt, on the ground that the Plaintiff illegally received KRW 5,150,000 by fraudulent or other unlawful means, such as preparing a false employment contract as if the Plaintiff employed the Plaintiff as a contractual worker B as a non-fixed-term worker (i.e., the amount additionally collected at KRW 5,150,000) and the decision to grant subsidies from May 12, 2016 to May 11, 2017, and sent the payment notice to the Employment Insurance Fund to the Plaintiff on May 16, 2016.

[Ground of recognition] The defendant asserts that the lawsuit of this case was unlawful, since the lawsuit of this case was filed after the lapse of the period for filing the lawsuit, as to the facts without any dispute, the entries of Eul Nos. 1, 2, and 3, and the whole purport of the pleading.

According to the statements in Eul evidence Nos. 1, 2, and 3 (including serial numbers), the defendant filed an administrative appeal with the Central Administrative Appeals Commission on August 17, 2016, stating that "the defendant seeks to revoke the notice of payment of the Employment Insurance Fund refund issued to the plaintiff on May 16, 2016," but changed the purport of the appeal on March 7, 2017 to "the order to return 1,5450,000 won to the plaintiff on May 12, 2016" but the Central Administrative Appeals Commission dismissed the application for change of the claim on March 17, 2017 on the ground that the period for filing the appeal expired."