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(영문) 서울행정법원 2019.03.15 2018구합5895

사업주 우편원격훈련 관련 행정처분 취소

Text

1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Details of the disposition;

A. The Plaintiff entered into an entrustment contract with B Co., Ltd. (hereinafter “B”) and the Plaintiff’s employees with respect to distance training (hereinafter “instant entrustment contract”) in the workplace skill development training with respect to the taxi transport business.

B. The Plaintiff filed an application for payment of the cost of vocational skills development training in B, a training institution, pursuant to the instant consignment contract from November 19, 2014 to January 18, 2015, and received KRW 4,480,000 from the Human Resources Development Service of Korea on the ground that “the Plaintiff’s employee was subject to remote training in accordance with the instant consignment contract.”

C. On September 1, 2017, the Defendant issued a disposition to additionally collect the amount equivalent to the refund of KRW 4,480,000 for the same as the refund of KRW 4,330,00, based on Articles 55(2), 56(2), and 56(3) of the Act on the Development of Workplace Skills of Workers, on the ground that the Plaintiff, a business owner, received support of KRW 4,480,00 for vocational skills development training for trainees completed by false or other unlawful means, although the employees employed by the Plaintiff failed to meet the requirements for completion under the Act on the Support of Workplace Skill Development.

(hereinafter “instant disposition”) D.

On September 4, 2017, the Defendant sent the instant written disposition by means of registration handling, and C’s employees of the Plaintiff are the same month following the following day.

5. The instant disposition was received.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, Eul evidence Nos. 1 to 3 and 6, the purport of the whole pleadings

2. Determination on the defense prior to the merits

A. The defendant asserts that the lawsuit of this case was unlawful as a lawsuit filed after the lapse of the period for filing the lawsuit of this case.

B. 1) A suit seeking revocation against an administrative disposition shall be instituted within 90 days from the date on which the relevant disposition is known (Article 20(1) of the Administrative Litigation Act, which is the starting point for the filing period of the suit as provided by Article 20(1) of the Administrative Litigation Act.