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(영문) 대법원 2014.9.4. 선고 2013두6237 판결

직업능력개발훈련교사자격증미교부취소

Cases

2013Du6237 Revocation of non-issuance of qualification certificate of workplace skill development training instructor

Plaintiff, Appellee

A

Defendant Appellant

The President of the Central Local Labor Agency

The judgment below

Seoul High Court Decision 2012Nu19474 Decided February 20, 2013

Imposition of Judgment

September 4, 2014

Text

The appeal is dismissed.

The costs of appeal are assessed against the defendant.

Reasons

The grounds of appeal are examined.

In light of the circumstances indicated in its holding, the lower court determined that the Defendant’s notification that the Plaintiff did not deliver a Class 2 vocational training instructor’s certificate to the Plaintiff on the ground that the Plaintiff did not have a three-year vocational training experience as prescribed by law, excluding the career considered at the time of acquiring a Class 3 vocational training instructor’s industrial facility qualification without any legal basis, was unlawful since it abused

In light of the records, the above determination by the court below is justifiable in accordance with the relevant legal principles. There is no error in the misapprehension of legal principles as to deviation and abuse of discretion in the issuance of qualification certificate for workplace skill development training.

Therefore, the appeal is dismissed, and the costs of appeal are assessed against the losing party. It is so decided as per Disposition by the assent of all participating Justices.

Judges

Justices Ko Young-han

Justices Yang Chang-soo

Justices Kim Chang-suk

Justices Jo Hee-de