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(영문) 대법원 2015.4.9. 선고 2014두10899 판결
중소기업청년취업인턴제부정수급처분취소
Cases

2014du10899 Revocation of revocation of the illegal receipt of employment internship system by the Small and Medium Business Administration

Plaintiff, Appellee

A Stock Company

Defendant Appellant

The head of the Central and Central Regional Employment and Labor Office;

The judgment below

Seoul High Court Decision 2013Nu17000 Decided June 13, 2014

Imposition of Judgment

April 9, 2015

Text

The appeal is dismissed.

The costs of appeal are assessed against the defendant.

Reasons

The grounds of appeal are examined.

Examining the reasoning of the lower judgment in light of the record, it is justifiable for the lower court to have acknowledged the facts as indicated in its reasoning after compiling the adopted evidence, and to have partially accepted the Plaintiff’s claim. In so doing, it did not err by misapprehending the legal doctrine on delegation scope under Article 35(1) of the Employment Insurance Act, withdrawal or cancellation of beneficial administrative acts, administrative disposition subject to appeal litigation, and the legal nature of subsidization of expenses under Article 25(1) of the Employment Insurance Act, or by failing to exhaust all necessary deliberations. Therefore, the appeal is dismissed, and the costs of

Judges

Justices Park Young-young

Justices Min Il-young

Justices Kim Jae-han

Chief Justice Kim Jong-il

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