logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울행정법원 2014.09.04 2013구합56126
장애인고용장려금 환수 및 추가징수등처분취소
Text

1. The Defendant’s disposition of employment subsidy for disabled persons against the Plaintiff on May 31, 2013 and additional collection and additional collection, and restriction of payment is dismissed.

Reasons

1. Details of the disposition;

A. The Defendant is a public corporation established under the Employment Promotion and Vocational Rehabilitation of Disabled Persons Act (hereinafter “Employment Promotion and Vocational Rehabilitation of Disabled Persons Act”). The Plaintiff is an incorporated association established for the purpose of education and partnership projects to increase opportunities for social participation of disabled persons and a business owner employing disabled persons.

B. The Gui-si Branch under the Plaintiff stated that the Defendant applied for the quarterly employment incentive of disabled persons from the first half of the year 2006 to the second half of the year 2009, and that the Defendant employed the disabled Party B from January 2006 to June 2009, and from January 2006 to June 2009.

(hereinafter referred to as “the instant false application”). However, the facts were not the Plaintiff’s employee.

C. Based on the above false application, the Defendant paid the Plaintiff the quarterly employment incentive for disabled persons (hereinafter “each of the instant employment incentive”) from the first half of 2006 to the second half of 2009, such as the statement on the payment and redemption details of the attached incentive. Since the first payment disposition, each of the instant employment incentive was made several times after the first payment disposition, and the redemption disposition was made due to other causes, not the instant fraudulent application.

On May 31, 2013, based on Article 31 of the Employment of Persons with Disabilities Act, Article 30 of the Enforcement Decree of the same Act, and Article 13 of the Enforcement Rule of the same Act, the Defendant issued a disposition to recover grants of this case that the Plaintiff had already received as indicated below (hereinafter referred to as “disposition to recover grants of this case and to additionally collect additional collection”), and issued a disposition to order the restriction on payment between May 31, 2013 and May 30, 2014 (hereinafter referred to as “instant restriction on payment”), and to order the restriction on payment between May 31, 2013 and May 30, 2014 (hereinafter referred to as “each disposition of this case”).

The amount of the subsidy to be recovered (won) additionally shall be collected.

arrow