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(영문) 서울고등법원 2016.12.16. 선고 2016누51384 판결

사업주직업능력개발훈련비용반환명령등취소

Cases

2016Nu51384 Revocation, such as an order to refund workplace skill development training expenses

Plaintiff Appellant

A

Defendant Elives

The Administrator of the Incheon Northern District Office of Central Employment and Labor;

The first instance judgment

Incheon District Court Decision 2014Guhap31661 Decided May 26, 2016

Conclusion of Pleadings

November 25, 2016

Imposition of Judgment

December 16, 2016

Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The judgment of the first instance shall be revoked. The Defendant’s return of KRW 628,200 to the Plaintiff on October 29, 2013 and the additional collection of KRW 628,200 to the Plaintiff, and the disposition of restricting the provision of subsidies and loans for 300 days from October 29, 2013 to June 16, 2014 shall be revoked.

Reasons

1. Quotation of judgment of the first instance;

The grounds for the plaintiff's assertion in the trial while filing an appeal are not significantly different from the contents of the plaintiff's assertion in the trial of the first instance, and the fact-finding and decision in the trial of the first instance shall be recognized as legitimate even if it is considered together

Therefore, the reasoning for the statement of this case is that the appellate court (Seoul District Court 2016No1014) has been declared guilty on the ground that the reasoning for this case was stated in the reasoning of the judgment of the first instance, except for the cases to be used as "......., the appellate court (Seoul District Court 2016No1014) which was progress with the appeal of Defendant G. H and the prosecutor, which was brought by the appeal of Defendant G. H and the prosecutor, was the same as that of the judgment of the first instance, and thus, it is cited as it is in accordance with Article 8(2) of the Administrative Litigation Act and Article 420 of the Civil Procedure Act.

2. Conclusion

Therefore, the conclusion of the judgment of the first instance, which dismissed the plaintiff's claim, is justifiable, and the plaintiff's appeal is dismissed as it is so decided as per Disposition.

Judges

The presiding judge Kim Gung-jin

Judges Kim Gung-sung

The number of judges