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(영문) 인천지방법원 2018.07.10 2016구단51556

반환명령 및 추가징수 결정 등 취소

Text

1. Each of the plaintiffs' claims is dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Details of the disposition;

A. Details 1 of the plaintiffs' entrusted training ) The plaintiffs are all representatives of child-care centers, who are employers and E (hereinafter "E").

(2) After entering into an entrustment training contract with a workplace care teacher, a document prepared by the workplace care teacher meeting the requirements for the completion of the entrusted training to E and submitted it to the Human Resources Development Service of Korea to compensate for the training expenses (Article 8 of the Employment Insurance Act, the Ministry of Employment and Labor shall attend at least 80% of the training hours and complete the training course.

[2] Specifically, Plaintiff A (the representative of the F Child Care Center) conducted on December 8, 2012 through January 20, 2014, 1) six infant care teachers (one total number of 93 persons per year) belonging to six training courses, including the "G Child Care Center Production1", and 2 Plaintiff B (the representative of the G Child Care Center) conducted on December 16, 2012 through March 17, 2014, including 21 infant care teachers (one total number of 83 persons per year), 36 infant care teachers, including 36 infant care teachers, belonging to the total number of 10 and 18 others (one total number of 36 infant care teachers, including 20 others) assigned to the training courses, including the "G Child Care Center Production1, etc.", < Amended by Presidential Decree No. 23648, Feb. 15, 2014; Presidential Decree No. 23521, Dec. 26, 2012>

B. During the investigation into E, which is an entrusted training institution, the Incheon Bupyeong Police Station: (a) prepared and published a false commission contract and tax invoice as if the business owner of 488 childcare centers, including the plaintiffs, did not pre-paid training expenses; and (b) failed to attend the training course by at least 80% of infant care teachers, which are trainees, and failed to meet the completion standard.