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(영문) 대전지방법원 2015.09.02 2014구합102271
보조금반환명령처분취소
Text

1. On May 14, 2014, the Defendant issued an order to return KRW 6,544,00, a subsidy granted to the Plaintiff’s establishment B workplace.

Reasons

1. Circumstances of each disposition of this case;

A. The Plaintiff is a social welfare foundation that establishes and operates social welfare facilities, such as C, B, etc., a workplace for persons with disabilities, etc., which are located in the area of intellectually disabled persons, B, and vocational rehabilitation facilities for persons with disabilities with low vocational ability at the workplace for protecting persons with disabilities, such as vocational adaptation ability and job skills improvement training, and provide them with opportunities to work under the protective conditions, and pay wages for labor corresponding thereto, and transfer them to a workplace for persons with disabilities or other competitive employment markets (attached Table 4 of the Enforcement Rule of the Act on Welfare of Persons with Disabilities).

B. From February 10, 2014 to February 19, 2014, the Ministry of Health and Welfare conducted on-site investigations as to the appropriateness of the budget execution of the Plaintiff and its affiliated facilities, etc., and notified the Defendant of the following: (a) if the Plaintiff made improper execution of personnel expenses, living expenses, facility operation expenses, etc. for employees, the Plaintiff made an administrative disposition, such as the recovery of subsidies, and the Defendant’

C. Accordingly, on May 14, 2014, the Defendant issued an order to return subsidies pursuant to Article 42 of the Social Welfare Services Act and Article 22 of the Subsidy Management Act (hereinafter “Subsidy Act”) on the ground that the Plaintiff used subsidies for the relevant facilities for any purpose other than a subsidized project (the order to return subsidies for employees’ personnel expenses, the amount of subsidies for KRW 469,311,580, and the order to return subsidies for the operation of the facilities at B workplace, are as follows:

C: In the event of improper execution of personnel expenses for employees: 469,311,580 won in total of the subsidy return order ① 49,641,350 won: 469,311,580 won, the Evegetator F, G, and H and I to the same Eveget office, and the Evegetative personnel expenses for life guides from January 2009 to January 201, 201, the Evegetative personnel expenses of KRW 469,311,580 are unjustly executed.

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