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(영문) 서울행정법원 2015.04.30 2014구합16606
보조금환수처분취소
Text

1. The Defendant’s disposition of recovering subsidies of KRW 35,674,210, which was granted to the Plaintiff on June 27, 2014, shall be revoked.

2. The costs of lawsuit shall be.

Reasons

1. Details of the disposition;

A. The Plaintiff is a social welfare foundation established for the purpose of developing and supporting assistive devices for rehabilitation of the disabled.

B. Based on the Seoul Special Metropolitan City Ordinance on Entrustment of Administrative Affairs to the Private Sector, the Defendant decided to entrust the Plaintiff with the operation of the Seoul City B Service Center (hereinafter “B Center”), among the Defendant’s administrative affairs, and concluded an agreement on the operation of the B Center by setting the period of the agreement with the Plaintiff by December 31, 2010, around December 5, 2008.

On December 29, 2010, the Plaintiff and the Defendant extended the term of the above agreement by December 31, 2013, and extended the said agreement again by December 31, 2016, around January 3, 2014.

(hereinafter referred to as the “instant Convention,” in total, of the initial agreements and each extended agreements.

Pursuant to the agreement of this case, the details of the B Center operation project that the Plaintiff performed by the Defendant was ① assistant organization support project, public relations, establishment and management of database, operation of the homepage, ② training for supporting organizations, ② training for the use of assistive organizations, guardian and their surroundings support, ③ purchase connection service, case management, inter-consecting meetings between assistive engineering service agencies, and ④ other projects that conform to the purpose of operation of the B Center

The Plaintiff received a certain amount of subsidy from the Defendant every year in accordance with the Seoul Special Metropolitan City Ordinance on the Management of Subsidies.

On June 27, 2014, the Defendant issued a disposition to recover subsidies equivalent to the same amount from the Plaintiff (hereinafter “instant restitution disposition”) on the ground that “the Defendant used subsidies granted by the Defendant for the operation of the Center for the purpose other than the entrusted purpose” in total of KRW 35,674,210 (C5,573,670, D3,82,622,620, E3,761,260, and F22,516,660) as personnel expenses of C, D, E, and F that were not engaged in the entrusted business (hereinafter “instant restitution disposition”).

[Reasons for Recognition] Unsatisfy, Gap evidence 1, 2, Gap.

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