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

A. From September 16, 2009, the Plaintiff has established and operated a “private teaching institute for the instant private teaching institute” (hereinafter “private teaching institute”). Pursuant to Article 19, etc. of the Act on the Development of Workplace Skills of Workers (hereinafter “Vocational Skills Development Act”), the Plaintiff first recognized a training course for workplace skill development accounts (which shall be paid from the workplace skill development accounts supported and managed by the government for autonomous workplace skill development, such as unemployed and self-employed; hereinafter “account training course”) from the Defendant for the first time on October 10, 2009, and thereafter operated a training course for a nursing assistant until 2013. On September 16, 2013, the Plaintiff filed an application with the Defendant for recognition of the process of combining the accounts with respect to the instant private teaching institute. On January 2, 2014, the Korean Institute entrusted with the examination by the Minister of Employment and Labor for the examination of the training course was inappropriate as a result of the examination committee’s examination of the training course.

D. In light of the overall training hours, etc., the Plaintiff dissatisfied with the Plaintiff filed an objection to the fact that the actual problem pool time is merely 56 hours, and that it is not excessive in light of the overall training hours, etc., however, the Korea Workplace Skill Development Institute: (a) considered that the basic duties and knowledge of the nurse’s nurse ought to be taught, and determined the final inappropriate decision on February 28, 2014, considering that the issue pool allocated by

E. On June 17, 2014, based on the determination of the Korea Vocational Ability Development Institute, the Defendant notified the Plaintiff that he would not recognize the application for recognition of the process of acquiring the assistant nurse qualification of the instant private teaching institute (hereinafter “instant disposition”).

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 4, 5, Eul evidence Nos. 1, 2, and 10 (including each number), the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The plaintiff's assertion

The Plaintiff has operated the instant private teaching institute in good faith for several years, and applied for an examination by allocating time on the basis of operational experience, and the Defendant refused to recognize the process of combining the account for the reason of time. The instant disposition is unlawful as it exceeds the legitimate scope of discretionary authority on the recognition of the process of combining the account, given that an interim examination, the oral examination, the permanent examination, and the pool of problems, which were submitted by the Plaintiff, assigned a total of 188 hours in total to the summary of the training brief submitted by the Plaintiff, but the interim examination, the final examination, and the final examination, once every 22 individual subjects, are 4 hours in total, and the actual problem pool is 56 hours (excluding the interim examination, the final examination), or 100 hours (including the interim examination, the final examination), and thus does not deviate from the internal standards set by the Review Committee. Therefore, the instant disposition is unlawful as it exceeds the bounds of legitimate discretion on the recognition of the process of combining the account.

B. Relevant statutes

Attached Form is as shown in the attached Form.

(c) Fact of recognition;

1) In accordance with the former Regulations on the Implementation of the Vocational Skills Development (amended by the Employment and Labor Ministry Notice No. 2014-1, Jan. 11, 2014; hereinafter “Rules”) and the entrustment contract with the Ministry of Employment and Labor, the Korea Vocational Skills Development Institute conducted an examination on the appropriateness of the training courses, etc., and the detailed examination items consist of five training facilities and equipment, training instructors and instructors, training methods, training methods, and training expenses.

2) The Ministry of Employment and Labor and the Korea Vocational Ability Development Institute, through briefing sessions and data collection, disclosed the criteria for review on training facilities, equipment, training instructors, instructors, etc. among the above examination items, but did not disclose the criteria for review on training contents, training methods, etc. (the criteria for limiting the number of hours to a certain extent).

3) In the case of the instant driving school, the instant driving school was judged to meet all the requirements in the other examination items, but it was judged that the standard of examination of the “total training hours and the time of each subject in the training contents are insufficient on the ground that the problem pool is excessive time.

4) The summary of the training courses submitted by the Plaintiff at the time of filing an application for examination of the process of combining the accounts is comprised of 7 subjects and 22 individual subjects as follows. In each lender system, interim examinations, terminal examinations, organization of points, and problem pool are organized into a single subject, and the total of 188 hours is the 1520 hours (the total training hours of the courses of the courses of acquiring the assistant nurse’s license shall be at least 1520 hours, and the class hours of theoretical education except practical training shall be at least 740 hours).

A person shall be appointed.

4) The examiners of the review committee determined that the problem pool of the instant private teaching institute is about 188 hours or at least about 140 hours (excluding the portion of the necessary point adjustment time that is not directly related to the problem pool as 1/4) corresponding to 3/4 from the internal guidelines (within 80 hours in the first, within 10 hours in the second, within 100 hours in the second, within the second,) compared to the time set for the problem pool.

5) Meanwhile, as seen earlier, the Plaintiff recognized the process of combining accounts from the Defendant and operated the process of acquiring the qualification of an assistant nurse for several years. For example, the problem pool of the process of acquiring the qualification of an assistant nurse for the fourth unit of the instant driving school (from October 25, 201 to August 10, 201) of the instant driving school was limited to 43 hours in total.

6) In the case of other private teaching institutes which received final recognition after undergoing an examination of the course of account integration from the Defendant at the same time as the instant private teaching institute, the summary of the training course submitted at the time of the application for examination is included in the training content, but does not specify specific allocation hours, or does not include the problem pool itself. Furthermore, according to the class hours table actually operated by these private teaching institutes, the problem pool significantly exceeds the internal standards of the review committee for 261 hours or 178 hours.

[Ground of recognition] Facts without dispute, Gap evidence 6 to 20 evidence, Eul evidence 8 to 12 (including each number), the purport of the whole pleadings

D. Determination

In order to support the autonomous development of vocational abilities of unemployed persons and self-employed persons, an administrative agency may exercise considerable discretion on whether to grant approval, unless there are special circumstances, since the State's subsidization of training expenses falls under the so-called "beneficial administrative act": Provided, That in this case, the requirements for the account conformity process prescribed by the vocational ability development Acts and subordinate statutes and the criteria for examination thereof shall be equally and fairly applied to applicants, and the general limitation of discretion, such as the protection of legitimate trust interests and the balance of legal interests, shall be still observed.

As to this case, the following circumstances are revealed by considering the purport of the entire oral argument. ① Article 19 of the Vocational Skills Development Act, Article 17 of the Enforcement Decree of the same Act, and Article 14 of the Enforcement Decree of the same Act require training courses to acquire and improve job skills for employment or start-up business as the requirements for recognition of the process of combining the accounts, and there is no special restriction on specific problem pooling. ② The defendant also disclosed the standards for examination as to training facilities, equipment, training instructors, instructors, etc., but did not inform in advance about the contents of the examination standards or about the allocation of the time limit. ③ However, the defendant argued that the appropriate limit of time is 100 hours in the process of acquiring the assistant nurse's qualification. However, in the case of the instant case, it is difficult for the defendant to determine that the total number of time is more than 10 hours in the process of acquiring the school's qualification certificate, as the defendant did not have any special authority to apply the examination guidelines to the defendant for the process of acquiring the assistant's qualification.

3. Conclusion

The plaintiff's claim is justified, and the costs of lawsuit are assessed against the defendant who has lost. It is so decided as per Disposition.

Judges Kim Jae-young

Judges Kim Gi-tae

A person shall be appointed.

A person shall be appointed.

A person shall be appointed.

A person shall be appointed.