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(영문) 인천지방법원 2020.12.10 2019구합56801
지원금 지급중지처분 취소
Text

The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Details of the disposition;

A. The Plaintiff was designated as a prospective social enterprise on November 24, 2015 as a corporation engaging in cleaning agency business, etc., and obtained the certification of a social enterprise under Article 7 of the Social Enterprise Promotion Act from the Minister of Employment and Labor on March 8, 2018. Accordingly, the Plaintiff has been receiving personnel expenses, etc. from the Defendant from the past.

B. On April 30, 2019, the Plaintiff was selected by the Defendant as a participating enterprise in the first financial support project for social enterprises in 2019, and entered into an agreement with the Defendant on the support project for the job creation of social enterprises (hereinafter “instant support agreement”). The main contents of the instant support agreement are as follows.

Article 2 (Details of Support) The implementing institution (Defendant) shall grant subsidies to enterprises participating in the business (Plaintiffs) in order to implement the Job Creation Project for Social Enterprises (Reserve Social Enterprises) as follows:

The details of business: The number of grants on May 1, 2019 to April 30, 2020: Six (including the number of grants on May 1, 2019 to April 30, 2020): Labor expenses at the minimum wage level + Labor expenses at the minimum wage level + Part of the social insurance premiums to be borne by the business owner + Subsidy for the business participant.

Provided, That where a participatory worker fails to work due to absence, etc., the subsidy shall be paid to reduce the amount of the relevant number of days (including weekly holidays), and where the wage is paid even if the worker fails to work due to absence, etc., the subsidy shall be paid.

(3) A business participant enterprise shall pay wages to participating workers on the payment date of wages under an employment contract, and apply for subsidies to the business participant institution along with wage ledgers, etc.

(7) Where the circumstances of improper receipt of subsidies by a project participant are verified, the project execution institution shall grant all subsidies for the project until such investigation is completed.

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