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(영문) 서울행정법원 2018.11.27 2017구단65886

훈련부정수급액징수금결정 등 취소 청구의소

Text

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. The Plaintiff, a company running passenger transport business, entered into an entrustment contract with B or C Co., Ltd. (hereinafter collectively referred to as “D”), a company recognized as an employee’s workplace skill development training course, as follows: (a) vocational training is conducted by means of remote training for employees belonging to the Plaintiff (hereinafter “instant training”; and (b) when a part of the training is referred, it is indicated as “first training, etc.” according to the sequence.

The number of trainees for the training period for the name of the training course on the date of concluding a contract shall be 15,40,000 won for the improvement of bus workers' duties on December 9, 2013 through February 11, 2014, and 15,40,000 won for the improvement of bus workers' duties on June 25, 2014 from June 27, 2014 to August 280, 2014; 315,680 won for the improvement of bus drivers' duties on May 17, 2016 to July 23, 2016.

B. The Plaintiff applied for subsidies for training expenses to the Human Resources Development Service of Korea on the premise that the stated number of trainees (hereinafter “the instant trainees”) in the table below among the above trainees (hereinafter “the instant trainees”) had completed the instant training in normal condition and met the standards for the payment of subsidies for postal remote training, and received subsidies for training expenses from the said Corporation in total of KRW 55,735,680 as follows.

The number of persons who completed education and training courses shall be KRW 5,735,680,00 in total, 259, 259, 259, 259, in the course of improving the duties of bus drivers and improving the duties of bus workers at KRW 2,00 on April 30, 2014, 245, 245, 253, 253, 253.

C. On April 27, 2017, the Defendant issued an order to the Plaintiff on the ground that “this case trainees did not undergo the instant training and failed to meet the completion standards, and the Plaintiff applied for subsidies for training expenses to the Human Resources Development Service of Korea, and received them.” As such, the Defendant’s order was issued by Act No. 13902, Jan. 27, 2016.