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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Details of the disposition;
A. As a measure of maintaining employment, the Plaintiff, who is a food manufacturing and selling business operator, mainly manufactures and sells canned foods, etc., conducted temporary retirement for 35 workers from December 11, 2015 to January 10, 2016 (hereinafter “first temporary retirement”), and 38 workers (hereinafter “second temporary retirement”) from February 1, 2016 to February 29, 2016 from February 1, 2016, respectively (hereinafter “second temporary retirement”).
As a result of examining whether the Plaintiff was unlawfully entitled to temporary retirement, the Defendant issued an order to return 32,215,750 won to the Plaintiff on September 19, 2016 and issued an order to return 2,431,50 won to the Plaintiff on February 27, 2016 x 32,215,750 won (i.e., the first temporary retirement part 5,759,280 won and the second temporary retirement part 26,456,470 won) to the Plaintiff on September 19, 2016, on the ground that all 37 persons subject to temporary retirement excluding C, D, E, E,F, G, and H were to work for the second temporary retirement and on February 27, 2016 and 24,50 won (i.e., the order to return 32,50 won) to the Plaintiff during the second temporary retirement period x the additional collection of subsidies from 2015,701.
(hereinafter referred to as "disposition in this case"). 【No dispute exists, Gap evidence Nos. 2, 5, Eul evidence Nos. 4 and 8, and the purport of the whole pleadings.
2. Whether the instant disposition is lawful
A. The Plaintiff’s instant disposition should be revoked on the following grounds.
① During the first period of temporary retirement, six persons on temporary retirement were playing in the Plaintiff’s factory and staying in the house, and they returned to the Plaintiff’s house, and, during the second period of temporary retirement, the owner of the product that was not planned by himself/herself entered into the factory and made him/her attend the work on February 27, 2016 and on February 28, 2016 with the consent of his/her employees, and instead, the period of temporary retirement was implemented on January 27, 2016 and January 28, 2016, which was prior to the period of temporary retirement.