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(영문) 서울행정법원 2015.12.03 2014구합19698
부정수급액반환및 지급제한처분취소
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. Under Article 24 of the Act on the Development of Workplace Skills of Workers (hereinafter “Vocational Skills Development Act”), the head of an education and development institute for the head of a company (hereinafter “the head of an education and development institute”) was recognized by the Minister of Employment and Labor as a vocational skills development training course conducted by an employer, and conducted workplace skill development training for child care teachers at the commission of the employer from 2008 to 2013.

The above workplace skill development training conducted by the head of the job training constitutes a "entrusted training" (referring to workplace skill development training conducted by a business owner with the burden of training expenses and directly conducting training, management of trainees, etc. by a training institution) and a "distance mail training" (referring to workplace skill development training conducted by a training institution with training materials using printed materials and managing trainees, etc. using printed materials and by conducting workplace skill development training on the web site) in accordance with the rules for supporting workplace skill development training (referring to workplace skill development training conducted by a training institution with training materials using printed materials and by managing trainees, etc.) for business owners who are publicly notified by the Minister of Employment and Labor pursuant to delegation of Article 20 of the Workplace Skill Development Act, Article 19 of the Enforcement Decree of the Employment Insurance Act, Article 41 of the Enforcement Decree of the Employment Insurance Act, and Article 60 of the Enforcement Rule of the same Act.

Therefore, infant care teachers who receive the above workplace skill development training should conduct learning based on the teaching materials paid by the head of the training for at least two months and access to the web site operated by the head of the training and conduct learning activities such as learning tasks at least once a week, and undergo the evaluation of the performance of training at least once a month.

(See Article 4(1)4 of the Support Regulations. Infant care teachers are deemed to have completed training only when they have received 60 points or more in all evaluations through the above process, and they are employers.

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