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(영문) 서울고등법원 2017.09.21 2017누60934
청년인턴지원금반환처분 취소 등
Text

1. The part of the judgment of the first instance against the plaintiff shall be revoked.

2. The Defendant limited to the Plaintiff on September 25, 2013.

Reasons

1. The plaintiff filed a claim as stated in the purport of the claim, and the first instance court revoked the disposition 1 and 3 of this case, and dismissed the plaintiff's claim concerning the second disposition of this case.

The plaintiff and the defendant appealed, and the court dismissed all the appeal of the plaintiff and the defendant before the remand.

Although the plaintiff filed an appeal, the part concerning the first and third dispositions of this case was finally affirmed because the defendant did not file an appeal.

The Supreme Court accepted the plaintiff's appeal and revoked the part against the plaintiff (the second disposition of this case), and remanded this part to this court.

Therefore, the scope of this court's trial after remand is limited to the second disposition of this case.

2. The underlying facts and the details of the disposition, and the reasons why the court should explain this part of the relevant statutes are the same as the corresponding part of the judgment of the court of first instance, and thus, this part is cited by Article 8(2) of the Administrative Litigation Act and the main sentence of Article 420 of

3. Determination on the legality of the two dispositions in this case

A. Since the Plaintiff’s assertion is a separate system that differs from the requirements and procedures for the full-time conversion subsidy, it is unlawful to determine the defects in the payment of the full-time conversion subsidy in connection with the payment procedure of the full-time conversion subsidy. It constitutes abuse of deviation from discretionary power against the principle of proportionality to recover the full-time conversion subsidy on the ground of the defects in the payment of the full-time conversion subsidy. Thus, the instant disposition 2 is unlawful.

B. 1) Determination on the Subsidy Management Act (hereinafter “Subsidy Management Act”).

Article 2 defines the amount of money, etc. granted by the State to create or provide financial assistance to affairs or projects conducted by a person other than the State as a "subsidies", as a "subsidized project", as a "subsidized project", as a "subsidized project operator", while a person other than the State is defined as a "subsidized project operator", and all or part of the financial resources of subsidies.

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