1. The plaintiff's claim is dismissed.

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

Details of the disposition

Pursuant to Article 34 of the Social Welfare Act, the Defendant entrusted the operation of the D Business Place and E B bath (hereinafter “instant facilities”) located in Busan Shipping Daegu C (hereinafter “instant corporate association”).

From August 1, 2014, the Plaintiff works as the head of the instant facility.

As a result, on May 18, 1978, an incorporated association of this case applied on January 10, 205 for the total period of continuous service (80% recognized) on April 18, 2005, which was 8 December 201, 2005 and applied on June 12, 6 months, as indicated below at the time the Plaintiff started to work as the head of the instant establishment, for the Defendant with 80% of the period of military service and the amount of labor cost of incorporated association F (hereinafter referred to as “F”) from August 2014 to January 4, 2015, from February 18, 201 to February 10, 201, from February 18, 201 to February 16, 207, from February 18, 2018 to February 16, 207, from February 201 to February 16, 2018.

As a result of the Defendant’s guidance and inspection on the instant facilities on November 23, 2018, F, who was working for the Plaintiff on December 28, 2018, did not constitute a juristic person established with the permission of the Minister of Health and Welfare, and cannot be recognized as a similar career in the calculation of salary. As such, the instant incorporated association discovered the fact that the Plaintiff calculated the Plaintiff’s salary class by including 80% of the period that the Plaintiff served in F, as a similar career, in the number of years of continuous service.

Accordingly, the Defendant ordered the instant incorporated association to correct the determination of the Plaintiff’s salary class and return KRW 26,749,140 paid to the Plaintiff from August 2014 to December 2018.