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(영문) 서울행정법원 2018.11.28 2018구단57059

부정수급액반환명령등 취소청구의 소

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Details of the disposition;

A. The Plaintiff is a company running the taxi passenger vehicle transport business, which is a company recognized as the workplace skill development training course (hereinafter “B”), and as indicated below, entered into a contract for workplace skill development training for the “training personnel” among the workers belonging to the Plaintiff (hereinafter “instant training”; and part of the training is referred to as “1 and 2 training”; and a total of 271 trainees among the trainees completed the instant training in a normal manner and completed the instant training, and received subsidies in total under the premise that the standard completion for the payment of subsidies for distance training (hereinafter “standards for completion”) is satisfied (hereinafter “standards for the payment of subsidies”).

On November 19, 2013, the date of concluding a contract for the support for an entrustment contract for training, the name of the date of the contract, the training period, the training number of trainees, the training expenses (cost) payment date, shall be from November 25, 2013 to November 24, 2014; and the number of taxi workers shall be 1407,056,000,840,000 on January 24, 2014 to January 25, 2014; < Amended by Presidential Decree No. 25773, Jul. 25, 2014; Presidential Decree No. 25613, Aug. 25, 2014; Presidential Decree No. 25787, Oct. 24, 2014; Presidential Decree No. 25901, Oct. 15, 2014; Presidential Decree No. 25900, Dec. 17, 2017>

B. On February 17, 2017, the Defendant: (a) against the Plaintiff, on the ground that “140 persons having completed the first training and 128 persons having completed the second training (i.e., 140 persons and 128 persons having completed the second training (i.e., 140 persons and 128 persons; hereinafter “the instant trainees”) did not undergo the instant training properly; (b) the Plaintiff failed to meet the completion standards; (c) received subsidies of KRW 15,008,00 in total by filing an application for subsidies to the Human Resources Development Service of Korea; and (d) received subsidies of KRW 15,176,00 (271). The Defendant considered only 15,08,000 among them as unjust.

(1) Before the former Act on the Development of Workplace Skills of Workers was amended by Act No. 13902 on January 27, 2016.