beta
Text
1. On November 24, 2017, the Defendant issued an order to return the youth internship subsidy of KRW 10,625,800 to the Plaintiff on November 24, 2017, KRW 5,400,000.
Reasons
1. To the extent necessary to determine the legitimacy of the instant disposition, the following circumstances about the instant disposition concerning B shall be examined.
A. Based on Article 25 of the Framework Act on Employment Policy and Article 25(1)3 of the Employment Insurance Act, the Minister of Employment and Labor implements B projects that provide unemployed youth with experience in working as an intern in small and medium enterprises.
The purpose of the business is to provide unemployed youth with an opportunity to develop their job abilities and to create career experience and to promote employment for regular employment suitable for their aptitude and experience. The Minister of Employment and Labor shall publicly announce the “B Implementation Guidelines” that prescribe matters necessary for the implementation of B projects every year pursuant to Article 25(1)3 and Article 25(2) of the Employment and Labor Act and Articles 35(2), 36(1)3 and 36(2) of the former Enforcement Decree of the Labor Act (amended by Presidential Decree No. 28369, Dec. 12, 2017; hereinafter the same shall apply). The 2014, 2015, and 2016 B Guidelines related to the instant case (hereinafter collectively referred to as the “instant Guidelines”) provide for the requirements for employment of internships and the requirements for the payment of subsidies for conversion to regular employment.
(3) The Guidelines for 2015 and 2016 provides that a person employed by an implementing company as of the date of application for employment of an intern shall not be an intern.