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(영문) 서울행정법원 2019.05.31 2017구합56476

지원ㆍ융자제한 등 처분 취소

Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Details of the disposition;

A. The Plaintiff is an employer who operates a childcare center under the trade name called B childcare center.

(hereinafter referred to as the "child care center of this case"). (b)

On December 22, 2016, the Defendant: (a) on the ground that “In relation to vocational skills development training conducted by the Plaintiff entrusted to C, notwithstanding the fact that the trainee (a child care teacher who is an employee of the instant child care center) did not participate in the training between November 2013 and January 2014, or did not complete training at least 80%, and thus failed to meet the completion standards, the Defendant received subsidies for vocational skills development training expenses (hereinafter “training expenses”) by fraud or other improper means without verifying the completion of training; (b) based on Articles 55(2) and 56(2) and (3) of the former Act on the Development of Workplace Skills of Workers (amended by Act No. 13902, Jan. 27, 2016; hereinafter “former Vocational Skills Development Act”) on the ground that the Plaintiff, the employer of the instant child care center, received subsidies for training expenses (hereinafter “from January 27, 2016 to December 31, 2012”).

(1) In the order of order, “the instant return disposition,” “the instant additional collection disposition,” “the instant additional collection disposition,” and “the instant restriction disposition,” collectively, “each of the instant dispositions,” and “the grounds for recognition”) / [the fact that there is no dispute, entry of the evidence No. 1, and the purport of the entire pleadings.

2. Whether each of the dispositions of this case is legitimate

가. 원고의 주장 이 사건 어린이집의 보육교사가 C에서 홈패션, 우쿨렐레 강좌 등의 직업능력개발 훈련을 받은 적은 있다.

However, the C Representative D, without authority, has completed not only the vocational ability development training course that was actually completed but also the vocational ability development training course that was not applied and completed, using the seal affixed to the name of the Child Care Center.