2019Gudan51256 Revocation of a disposition, such as revocation of recognition

A

Attorney Choi Han-hoon, Counsel for the plaintiff-appellant

The Head of Seoul Regional Employment and Labor Office Seoul Southern Site

October 25, 2019

December 6, 2019

1. The plaintiff's claim is dismissed.

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

The defendant's disposition of cancellation of recognition made against the plaintiff on November 19, 2018 and disposition of restriction on recognition of entrustment for six months (from November 20, 2018 to May 19, 2019) of the process, shall be revoked, respectively.

1. Details of the disposition;

A. The Plaintiff is an individual entrepreneur who operates C Research Institutes located in Yeongdeungpo-gu Seoul Metropolitan Government, and the Defendant is the head of a local employment-management Dong office to whom the Minister of Employment and Labor delegates authority to recognize vocational skills development training courses under Article 19 of the Act on the Development of Workplace Skills of Workers pursuant to Article 60 of the same Act and Article 52 (1) 3 of the Enforcement Decree of the same Act.

B. Pursuant to Article 19(1) of the Vocational Skills Development Act, the Plaintiff received recognition that the term of validity of the workplace skill development training courses with the following content (hereinafter “instant training courses”) is from the Defendant during the period from July 1, 2017 to June 30, 2018 (hereinafter “instant recognition disposition”).

The name of the training institution: The name of the training course for the application of CResearch Institute (hereinafter referred to as the “training Institution”): 25 days: the number of days of training for workers: the average number of days of training: 3 months: 6 hours, total training hours: 15 hours: 28 hours: 1,195,650 won, and actual tuition fees: 1,195,650 won, and actual tuition fees.

C. According to the instant recognition disposition, the Plaintiff repeatedly conducted the instant training course within the effective recognition period as follows.

A person shall be appointed.

A person shall be appointed.

D. The Plaintiff conducted training following the instant training course (three-dimensional) and received training fees from the Defendant as follows.

A person shall be appointed.

E. On April 9, 2018, the Minister of Employment and Labor notified the Defendant of “Special Guidance and Supervision for Vocational Training” and matters to be inspected, and ordered the Defendant to provide guidance and supervision within the inspection period and to report the result thereof by May 16, 2018. The list and matters to be inspected in the above third inspection include the contents of the instant training course (three times) conducted by the Plaintiff, and the details thereof are as follows.

A person shall be appointed.

A person shall be appointed.

F. On April 14, 2018, the Defendant conducted on-site guidance and supervision of the instant training course (three times), and discovered that the details of the training program were reported differently from the fact. Accordingly, on April 16, 2018, the Defendant notified the Plaintiff of the prior notification on the instant training course (three times) on April 17, 2018, and on-site guidance and supervision of the instant training course (attached Table 1-2] 2-5(b) of the Enforcement Rule of the Vocational Skills Development Act (where the details recognized to the extent that it would violate the purpose of training, such as manipulating the number of trainees by fraud or other improper means) and conducted an administrative disposition, and thus, during the review of the administrative disposition, the Defendant notified the Plaintiff of the reservation of the new training course and the conclusion of the entrustment contract before the disposition under the relevant Acts and subordinate statutes becomes final and conclusive pursuant to Article 1-2(4) of the Enforcement Rule of the Vocational Skills Development Act (hereinafter “instant reservation”).

G. On November 19, 2018, the Defendant issued a disposition to revoke recognition of the instant training course (hereinafter referred to as “disposition to revoke recognition”) and six months (from November 2018 to May 19, 2019) with respect to the Plaintiff on the following grounds (hereinafter referred to as “each of the instant dispositions”) upon entrustment and restriction of recognition (hereinafter referred to as “each of the instant dispositions”) (hereinafter referred to as “each of the instant dispositions”).

In fact, B (3) (14 January 14, 2018 to April 15, 2018), which is the cause of the disposition, a majority of trainees were going out on several occasions during the training period for the illegal management of going out (13). However, a trainee who is required to be processed due to his/her failure to be processed by computer (HRD-Net) is treated with normal attendance and attendance. 2) Illegal receipt of training expenses

D (Out of the 13-time entry management practices, D (Out-of-the-time) and E (D) shall be processed at normal attendance and processing, and shall be subject to a disposition taken by an illegal receipt of training expenses (95,50 won, respectively), and a disposition taken to revoke recognition - a disposition taken to revoke recognition - a disposition to entrust or recognize the relevant courses for six months - a disposition to restrict recognition - a disposition to entrust or recognize the relevant courses for six months - Article 19(2)5 of the Vocational Skills Development Act, and Article 6-3 [Attachment 1-2] [Attachment 1-2] 5] of the Enforcement Rule of the same Act (including cases where he/she violates any provision recognized to the extent that it violates the purpose of training for the training period, such as manipulating training personnel by fraud or other improper means, or managing the completion of the training period), Article 19(2)2 of the Vocational Skills Development Act - Article 6-3 [Attachment 1-2] of the Enforcement Rule of the same Act (Attached 1-2]

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1, 2, 4, 5, 8, Eul evidence Nos. 1, 3, 4, 6, 17, 30, 31 (including branch numbers; hereinafter the same shall apply) and the purport of the whole pleadings

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

A. Summary of the plaintiff's assertion

1) The Plaintiff kept a lecture room in the lecture room and had trainees enter its content in the lecture room, and had trainees manage it. The Plaintiff is unable to make a request for modification to the HRD-Net within two days after the occurrence of the training event, unless the training instructor who manages the outside lecture register reports it. In general, the Plaintiff prepared the matters entered in the outside lecture register once a month in the form of a public document and submitted them to the Defendant. On April 13, 2018, the Plaintiff kept a public notice of written report on the outside, and prepared a public notice of notification on April 13, 2018. The Defendant discovered on-site guidance and inspection on April 14, 2018, and discovered on-site guidance and supervision on the outside, and discovered on the outside lecture matters at the time of the Defendant’s on-site guidance and supervision on the outside. Therefore, the Plaintiff’s request for modification to the outside lecture shall not be deemed to have violated the Plaintiff’s simple operation or management of the training room to the extent that it violated the purpose of the training.

2) The Plaintiff’s 13-time withdrawals discovered at the time of the Defendant’s on-site guidance and supervision is merely a delay in reporting by the Plaintiff’s simple negligence. Moreover, the Plaintiff filed an application for the payment of training expenses once a month from November 2017 to December 2, 2017 upon the Defendant’s request. As a result, the Plaintiff filed an application for the payment of training expenses before submitting a written report on the said 13-time withdrawals. As such, the Plaintiff cannot be deemed to have received subsidies or loans by fraud or other improper means, the instant revocation disposition on the ground of the rejection of training expenses does not exist (hereinafter “instant assertion”).

3) Each of the dispositions of this case is erroneous in the misapprehension of discretionary authority for the following reasons.

A) In light of the fact that there was a delay in the report on the occurrence of the 13-time outing matter by the plaintiff's simple negligence, the application for the payment of training expenses was made at the defendant's request and that there was an illegal supply of 191,100 won to two trainees, etc., it cannot be deemed that there was an intentional or gross negligence on the part of the plaintiff with respect to the withdrawal management and the illegal receipt of training expenses, and the degree of the violation is minor. Therefore, even though there was a reason for mitigation under the proviso of Article 6-3 [Attachment 1-2] of the Enforcement Rule of the Vocational Skills Development Act, the defendant did not reduce the amount, and each disposition of this case was made in violation of the principle of proportionality, and there was an error of deviation from discretion and abuse (hereinafter referred to as "the allegation in this case").

B) In addition, according to the instant notice of reservation, the part of the instant training course from April 2018 to June 2018 was substantially revoked, and the entrustment and recognition of the instant training course was de facto restricted from July 2018 to November 2018. Nevertheless, without considering such circumstances, the Defendant issued a disposition to restrict the entrustment and recognition of the Plaintiff for six months (from November 20, 2018 to May 19, 2019) which are the maximum limit stipulated in Article 6-3 [Attachment 1-2] 2-5] of the Enforcement Rule of the Vocational Skills Development Act (hereinafter “instant Chapter 4”).

4) The instant disposition to revoke recognition, which was made pursuant to Article 19(2)2 and 5 of the Vocational Skills Development Act, constitutes a case where the validity of the instant disposition is extinguished due to a new cause after the recognition is made, and thus, the legal nature of the instant disposition constitutes “cancellation of recognition.” While the Defendant revoked the instant disposition to revoke recognition, there is a separate legal basis for the Defendant to retroactively lose the validity of the instant recognition disposition in the past. However, even though the term of validity of the instant disposition was already terminated on June 30, 2018, the Defendant retroactively lost the validity of the instant recognition disposition without a separate legal basis while revoking the instant recognition disposition on November 19, 2018, and thus, the instant disposition to revoke recognition was unlawful (hereinafter “instant Chapter 5”).

B. Relevant statutes

It is as shown in the attached Form.

C. Facts of recognition

1) The trainee must use the attendance card at the beginning and end of the training day to check the device. The release decision report is automatically transmitted through the device to HRD-Net. However, since the attendance card can be recorded only once and only once, the attendance card can be recorded. Thus, if the trainee desires to check the device before the last leaving the room, it is impossible to transmit the outer information to HD-Net by using the attendance card. 2) The plaintiff is equipped with the attendance request register (No. 9; hereinafter referred to as the “instant attendance request register”) in the lecture where the training pursuant to the instant training course (third) is conducted, and if the trainee goes to going to the outside, he is recorded in the above register.

3) With respect to the instant training course (three-dimensional), the appearance details entered by trainees in the instant training record book kept in the lecture room, the attendance card number of trainees, the automatic exit details automatically entered in the HRD-Net, and the exit results in the normal report of entry entered in the instant training record register, are as follows.

[Attachment 1] Details of the withdrawal

A person shall be appointed.

A person shall be appointed.

4) The Plaintiff did not request correction of the above [Attachment 1] content despite having filed a report on the HRD-Net on April 4, 2018. Based on the facts different from the facts, the Plaintiff applied for the payment of training expenses on the basis of the details different from the facts, and illegally received training expenses of 95,57 won for trainees on March 8, 2018. The Plaintiff did not request correction of the above [Attachment 1] despite having filed a false report on the HRD-Net, even though it did not request correction of the above matters, based on the facts different from the facts, the Plaintiff applied for the payment of training expenses on the basis of the following [Attachment 2] list / [Attachment 1] on the ground that the Plaintiff did not request correction of the training expenses on April 4, 2018 to the Defendant on the ground of the details different from the facts, the Plaintiff did not request correction of the training expenses on April 13, 2018.]

A person shall be appointed.

5) On March 8, 2018, the minutes of the meeting held on March 8, 2018 (Evidence B No. 12) by the Plaintiff and the instant training institution during the attendance of the training instructors and employees include the following: “to be fluored in the outing register during a unit period so that the attendance rate within a unit period may exceed 80%.”

6) After the on-site guidance and inspection of the instant training institution, the Defendant investigated some trainees whose entries are different from those in the HRD-Net registry of the instant training institution. At the time, the content of the trainee’s statement is as follows.

It is because 100 and 100 are trainees, but there was no separate guidance on the outing part. The reason why the outing part is marked in the outing part and the outing part is that the public officer in charge of the training institution visit the training institution on the date when the outing part of the training institution occurred and then can be recognized as the outing part if the outing part of the training institution is worn out.In the outing part, the first day of the trainee 200 was informed of the outing part of the outside part of the training at the outside part of the training institution. In the outing part of the outside part of the training institution, it was explained that the outing part of the training institution can be recognized as attendance if the outing part of the training institution was kept back to the outside part of the training facility after the outing part of the training, and there was no explanation related to the outing part of the outside part of the training at that time, and the outing part of the training facility was stated in the out part of the outside part of the training facility before the out part of the training.

On the first day, the training was conducted to guide the personnel in charge of administrative affairs on the outside and outing of the card. Because there was no interest in the outing out of the card, the content of the card would be unfated or recorded in the register of applicants for attendance at the outside, and then returned to the training institution after the completion of the reasons for the outing out of the card, and confirmed the above matters once after inquiring the training teacher in charge of the outing system.In order to ensure that the attendance should not be processed for 50 weeks of attendance at the private teaching institute, the outing office or card should be stamped only once. The outing office should be stamped before the outing office, and the outing office should be handled by the outing office, and the outing office should be handled by the outing office. The outing office should have been stamped before the outing office and the outing office should be handled by the outing office, and the outing office should be handled by the outing office. The outing office and the outing office should be conducted by the outing office.

[Reasons for Recognition] Facts without dispute, Eul's entry, Eul's evidence of Nos. 9, 10, 12, 13 through 16, 25 through 27, and the purport of the whole pleadings

D. Determination

1) Article 17(3) of the Regulations on Assistance to Workers’ Vocational Skills Development Training provides that “Where a trainee files a report on loss of or an application for re-issuance due to loss of or damage to a card (Article 17(1)1), where a trainee is unable to attend due to unavoidable reasons, such as electric power failure, terminal failure, or failure in fingerprint recognition system (Article 2(2)2), or where he/she is unable to attend due to on-the-job training, etc. (Article 17(3) of the Regulations on Assistance to Workers’ Vocational Skills Development Training (Article 17(3) of the Rules on Assistance to Workers’ Vocational Skills Development Training provides that “where he/she is unable to attend due to any other cause, he/she shall request attendance by attaching evidentiary documents on the relevant cause, by the day following the date

In the case of requesting the presence of a trainee, a training institution shall prepare and keep a register of prospective attendance in attached Form 10, and Article 12(5) of the same Act provides that "if a trainee becomes aware of such act, he/she shall endeavor not to do so, and shall immediately notify the competent local employment and labor office thereof, if he/she becomes aware of such act." In light of the purport of each of the above provisions, the training institution conducting the training upon recognition of the workplace skill development training course shall request a trainee to enter the outing time and return time through HD-Net by the following day, and if a trainee is found to be outside without permission, he/she shall immediately notify the competent local employment and labor office of such fact.

Meanwhile, Article 19(2)5 of the Vocational Skills Development Act provides that “If a person who has been recognized as a vocational skills development training course pursuant to paragraph (1) has conducted vocational skills development training in violation of the details recognized pursuant to paragraph (1), the Minister of Employment and Labor may issue a corrective order or revoke recognition of the training course.” Article 6-3 [Attachment 1-2] 2-5 of the Enforcement Rule of the same Act, which is prepared pursuant to delegation under paragraph (5) of the same Article, provides that “If a person has conducted vocational skills development training in violation of the details recognized pursuant to Article 19 of the Act, and if such person has violated the details recognized as such to the extent that it violates the purpose of training, such as intentionally manipulating the number of trainees or managing their decision-making, it shall be deemed that the person has failed to take necessary measures for occupational skills development training in violation of Article 6-3 [Attachment 1-2] of the Enforcement Rule of the Vocational Skills Development Act, or that the person has failed to take necessary measures within the scope of 1-6-month or other unlawful methods," should be considered as unlawful.

(4) In light of the above legal principles and the provisions of the law, it is difficult to find out the following facts and circumstances that can be acknowledged by taking into account the facts and facts of the above disposition and the purpose of the evidence No. 24 as a whole regarding the above case, and the plaintiff was placed at the 100% of the attendance rate of 80,000,000,000,0000,00000,00000,0000,0000,0000,0000,0000,0000,0000,0000,0000: 4,000,0000,0000,000,00000,000,000,0000,000,000,0000,0000,0000,000,000,000,000,00.

The main text of this case is without merit. The main text of this case is the main text of this case.

2) 이 사건 ②주장에 관하여 직업능력개발법 제19조 제2항 제2호는 "고용노동부장관은 제1항에 따라 직업능력개 발훈련과정의 인정을 받은 자가 거짓이나 그 밖의 부정한 방법으로 훈련비용을 지원 또는 융자를 받았거나 받으려고 한 경우에 해당하면 그 훈련과정의 인정을 취소하여야 한다."라고 규정하고 있고, 같은 조 제5항의 위임에 따라 마련된 같은 법 시행규칙 제6조의3 [별표 1의2] 제2의 2)의 가)항은 "법 제19조에 따라 훈련과정의 인정을 받은 자가 거짓이나 그 밖의 부정한 방법으로 100만 원의 미만의 비용을 지원 또는 융자받았거나 받으려고 한 경우 인정취소의 처분을 하여야 한다."라고 규정하고 있다. 직업능력개발법 시행규칙 제6조의3 [별표 1의2] 제2의 2)의 가)항 소정의 '거짓이나 그 밖의 부정한 방법'이란 일반적으로 비용을 지원받을 자격이 없는 사람이 그 자격이 있는 것처럼 꾸미거나 그 자격 없는 사실을 감추려는 사회통념상 옳지 못한 모든 행위로서 비용 지원에 관한 의사결정에 영향을 미칠 수 있는 적극적 및 소극적 행위를 말하고, 관련 규정의 내용에 의하면 '비용'이란 직업능력개발훈련과정의 인정을 받은 사업주 등이 직업능력개발사업을 실시하는 데 필요한 비용으로서 훈련수료인원 등에 따라 노동부장관으로부터 지원받는 돈을 뜻한다. 그리고 직업능력개발법 시행규칙 제6조의3 [별표 1의 2] 제1의 1항 단서에서 '고의 또는 중대한 과실이 없는 경우에는 개별기준에서 정한 기준의 2분의 1의 범위에서 감경하여 조치할 수 있도록 정함으로써 위반자에게 고의가 없는 경우에도 제재처분을 할 수 있도록 규정하고 있다. 이러한 처분 근거 관계 법령의 규정 내용, 형식 및 체제 등을 종합적으로 고려할 때, 직업능력개발훈련과정의 인정을 받아 직업능력개발훈련을 실시하는 사업주가 어느 훈련생이 결석, 외출 및 조퇴를 하였음에도 훈련생의 출결관리 등에 관한 법령상 또는 계약상 의무를 위반하여 그러한 사실이 없었던 것처럼 하여 사실과 다르게 비용의 지원을 신청한 경우에는 실제 지원되어서는 안 되는 비용을 신청한 것이므로, 그에 대한 고의가 없었다고 하더라도 '거짓 그 밖의 부정한 방법'에 해당한다고 보아야 한다(대법원 2014. 10. 30. 선고 2013두1980 판결의 취지 참조).

In light of the above legal principles, the plaintiff is well aware that trainees only enter out of the training course register of this case at the time of appearance according to the plaintiff's instruction, and that they are entering into the HD-Net with the attendance card only at the first entrance room and the last leaving room with the attendance card. However, the plaintiff's act of receiving training fees of this case on March 8, 2018 by neglecting it to meet the training expense payment criteria (the attendance rate) without confirming whether the outing matters are entered in the attendance record register of this case. Thus, the plaintiff did not take any measures to ensure that the outing matters listed in the No. 3 and No. 4 in the table No. 3 and No. 4 in the table No. 3 and No. 4 are true and true, and the plaintiff's act of receiving training fees of this case on May 24, 2018 falls under the plaintiff's act of receiving training fees of this case as stated in No. 957, May 4, 2017.

3) 이 사건 3주장에 관하여 직업능력개발법 제19조 제5항의 위임에 따라 마련된 같은 법 시행규칙 제6조의3 [별표 1의2] 제1의 1)항은 "법 제19조에 따라 훈련과정의 인정을 받은 자가 법 제19조 제2 항 각 호의 어느 하나에 해당하는 행위를 한 경우에는 제2호의 개별기준에 따라 시정명령, 인정취소 또는 위탁 및 인정제한의 처분을 하여야 한다. 다만, 고의 또는 중대한 과실이 없거나 위반의 정도가 경미한 경우에는 개별기준에서 정한 기준의 2분의 1(인정취 소의 경우에는 시정명령)의 범위에서 감경하여 조치할 수 있다."라고 규정하고 있다.이 사건에 관하여 보건대, 앞서 본 처분의 경위 및 인정 사실에 변론 전체의 취지를 종합하여 인정할 수 있는 다음과 같은 사정들, 즉 ① 원고는 훈련비 지급기준인 출석률 80%를 충족하는 것에 주안점을 두고 있었고, 그 일환으로 외출 시 훈련시간 미달로 결석 처리가 되는 것을 회피하기 위해 직원 및 훈련강사를 통해 훈련생들에게 '외출 시출석카드로 퇴실 체크를 하는 대신 이 사건 출석입력요청 대장에 외출 사항을 기재하고 외출하였다가 외출 시간이 얼마인지에 관계없이 이 사건 훈련기관의 영업 종료시각 전까지 귀원하여 출석카드로 퇴실 체크만 결석처리가 되지 않는다.'라고 안내를 하였고, 이로 인해 이 사건 훈련과정(3회차)의 훈련생 총 12명 중 7명이 별다른 제재 없이 총 13회에 걸쳐 장시간 외출을 하는 일이 발생한 것으로 보이는 점, ② 원고가 위와 같이 훈련생들에게 안내를 한 점 등에 비추어, 원고는 훈련생들이 외출을 하는 경우 이 사건 출석입력 요청대장에만 외출 사항을 기재할 뿐 출석카드로 최초 입실과 최종 퇴실 시에만 체크를 하여 HRD-Net 상으로는 정상 출석으로 입력되고 있다는 사정을 잘 알고 있었던 것으로 보이는바, 이 사건 출석입력요청대장을 확인하는 등으로 조금만 주의를 기울였다면, [표1] 중 순번 제1 내지 13번 기재 각 외출 사항의 발생 사실을 각 해당 발생일에 충분히 알 수 있었을 것으로 보이는 점, ③ 그럼에도 원고는 만연히 이를 해태하여 피고의 현장 지도·점검 당시까지 [표1] 중 순번 제1 내지 13번 기재 각 외출 사항이 HRD-Net에 사실대로 반영되도록 하기 위한 아무런 조치를 취하지 않았을 뿐만 아니라, [표1] 중 순번 제3, 4번 기재 각 외출 사항과 관련하여서는 사실과 다르게 훈련비 지급신청을 하여 총 191,100원의 훈련비를 부정수급하기까지 한 점, ④ 원고는 피고의 요청에 따라 월 2회 훈련비 지급신청을 하게 되면서 [표1] 중 순번 제3, 4번 기재 각 외출 사항을 확인하지 못한 채 훈련비 지급신청을 하게 되어 부정수급이 발생한 것이라는 취지로 주장하나, 피고는 근로자 직업능력개발훈련 지원규정 제14조 제1항 및 제2항에서 정한 바에 따라 단위기간별로 훈련비 지급신청이 이루어지도록 요청을 한 것으로 보일 뿐이고, 원고는 훈련비 지급신청을 하는 과정에서 이 사건 출석입력요청대장을 통해 위 각 외출 사항의 발생 사실을 확인할 수 있는 기회가 충분히 있었으므로, 피고의 훈련비 지급신청 요구로 인해 위 각 외출 사항을 확인하지 못하여 부정수급이 발생하였다고 보기는 어려운 점 등을 종합하면, 이 사건 각 처분의 처분사유가 된 출결관리 부정 및 훈련비 부정수급이 각 이루어진 데 대해 원고에게 적어도 중대한 과실이 있다고 할 것이고, 그 위반의 정도가 경미하다고 보기도 어렵다. 따라서 이 사건 ③주장은 이유 없다.

4) As to the Chapter IV of this case, the following circumstances that can be recognized by comprehensively taking account of the overall purport of the arguments, i.e., (i) entry management is the most important and essential matters in workplace skill development training; (ii) vocational ability development training is conducted in violation of the details recognized under Article 6-3 [Attachment 1-2] 2-2 of the Enforcement Rule of the Vocational Skills Development Act; and (iii) the disposition of this case was conducted in violation of the details recognized under Article 19; and (iv) the disposition of this case was conducted in violation of the contents recognized to the extent that it would violate the purpose of training, such as manipulating the number of trainees or managing their progress for six months; and (iv) the disposition of this case was conducted in violation of the aforementioned disposition of restricting the duration of the instant training; (v) the disposition of this case to recognize the duration of the instant training, which was conducted within 7 months after the Plaintiff’s entry into the training course; and (v) the disposition of this case to recognize the duration of the instant case, which was conducted within 810 months after the instant disposition of the instant case’s.

5) The instant disposition taken to revoke recognition pursuant to Article 19(2)2 and 5 of the Vocational Skills Development Act with respect to the instant proposal constitutes a case where the validity of the recognition disposition is extinguished on the ground that the instant disposition terminates on the grounds that it is “the denial of entry management and the unjust receipt of training expenses incurred after the recognition disposition” (see Supreme Court Decision 2015Du58195, Jun. 6, 2018).

The Plaintiff asserts that the Defendant had retroactively lost the validity of the instant recognition disposition without a separate legal basis while withdrawing the instant recognition disposition based on the instant recognition disposition. However, there is no evidence to acknowledge it (see, e.g., Supreme Court Decision 2017Da1488, Jun. 30, 2018). However, even though the instant recognition disposition was made after the expiry date of the term of validity of the instant recognition disposition (see, e.g., Supreme Court Decision 2007Da1738, Jun. 30, 200). (2) Article 19(3) of the Vocational Skills Development Act provides that, under Article 19(2) of the Act, a person whose recognition of the workplace skill development training course has been revoked may not be recognized as entrustment and workplace skill development training course within five years from the date of revocation. Thus, in order to impose restrictions on entrustment and recognition under the foregoing provision, recognition of the workplace skill development training course should be revoked.

3. Conclusion

Therefore, the plaintiff's claim is dismissed as it is without merit. It is so decided as per Disposition.

Judge Kim Gin-hun

Relevant statutes

The Development of Workplace Skills of Workers Act

Article 19 (Recognition, Revocation, etc. of Courses for Workplace Skill Development Training)

(1) Workplace skill development training for which workers are eligible to receive subsidies or loans for training costs pursuant to Article 17 (1) 1.

A person who intends to conduct an account-based training course with a person who intends to operate such training course shall conduct such training course (account-based training course)

(including) The Minister of Employment and Labor shall obtain recognition from the Minister of Employment and Labor.

(2) The Minister of Employment and Labor shall recognize any of the following persons as a vocational skills development training course under paragraph (1):

In any case, a corrective order or the recognition of a training course may be revoked: Provided, That subparagraphs 1 through 4 shall not apply.

in the case of a section, the recognition shall be revoked.

1. Where he/she has obtained recognition under paragraph (1) by fraud or other improper means;

2. Where he/she has obtained or intends to obtain subsidies or loans for training costs by false or other unlawful means;

3. Receiving expenses from workers taking workplace skill development training by fraud or other improper means;

In the case of intended Korea

4. Granting subsidies for training costs to workers taking workplace skill development training courses by fraud or other improper means;

the Corporation may obtain the loan;

5. Where it conducts workplace skill development training, in violation of details recognized under paragraph (1);

6. Where it fails to comply with a corrective order.

7. Where he/she fails to comply with an order to report or to submit data under Article 58, or submits false data;

(3) Persons whose recognition has been revoked under paragraph (2) (including persons whose recognition has been revoked because they fall under subparagraphs 2 through 4 of paragraph (2)).

If expenses are less than the amount prescribed by Presidential Decree, the extent of five years from the date of revocation shall be excluded.

Entrustment of workplace skill development training under Article 16 (1) and recognition under paragraph (1) and Article 24 shall not be granted in respect of workplace skill development training.

the corporation.

(4) The scope, requirements, contents, and validity of recognition of workplace skill development training courses under paragraph (1), and other necessary matters.

Matters shall be prescribed by Presidential Decree.

Detailed criteria for corrective orders and revocation of recognition under paragraphs (2) and (3), and specific period of restriction on recognition by reason of revocation;

Other necessary matters shall be prescribed by Ordinance of the Ministry of Employment and Labor.

Article 53 (Evaluation of Vocational Training Facilities, etc.)

(1) The Minister of Employment and Labor shall substitute any of the following persons to improve the quality level of workplace skill development training:

An evaluation of matters prescribed by Presidential Decree, such as ability to conduct such training and training performance, may be conducted.

1. A person who conducts workplace skill development training entrusted under Article 16;

2. A person who conducts workplace skill development training after obtaining recognition of a workplace skill development training course under Article 19 or 24;

3. A decoration for vocational skills development entrusted by the head of a central administrative agency or a local government, other than persons under subparagraphs 1 and 2.

Those who have conducted training (the Minister of Employment and Labor shall consult in advance with the head of the relevant central administrative agency or local government.

person who is designated to be assessed shall be limited to

4. Vocational skills development training establishments and corporations;

(2) When the Minister of Employment and Labor conducts an evaluation pursuant to paragraph (1), he/she shall inform employers, workers, etc. of the results thereof

disclosure to the public.

(3) Matters necessary for subject matter, details and methods of evaluations, disclosure of the results of evaluations, etc. under paragraphs (1) and (2).

The Presidential Decree shall be prescribed.

Enforcement Decree of the Workplace Skills Development Act

Article 17 (Recognition of Occupational Ability Development Training Courses, etc.)

(1) The Minister of Employment and Labor shall open training courses meeting all the following requirements for vocational skills under Article 19 of the Act:

The course of study (including the courses of study combining the accounts; hereafter the same shall apply in this Article) may be recognized as the course of study, and such courses shall be recognized.

If there is a result of evaluation under Article 53 of the Act for a person who intends to obtain recognition, the results may be reflected.

1. He/she shall meet the requirements prescribed by the Minister of Employment and Labor, such as training period, time, teachers and instructors, training details, training facilities and equipment;

2. The project shall be implemented by any of the following facilities or institutions:

(a) Facilities or institutions eligible to be entrusted with workplace skill development training pursuant to subparagraphs 1 through 4 of Article 12;

(c) Other facilities that can conduct workplace skill development training under other statutes, such as the Vocational Education and Training Promotion Act;

institution or institution

(2) Details recognized for vocational skills development training courses pursuant to Article 19 of the Act shall be as follows:

1. Name, location, and recognized name of the facility or institution (in cases of a corporation, the name, location, and location of the corporation);

(Name of Representative)

2. Name of the workplace skill development training course, details of training, training period and time, training methods, training place, training facilities and equipment, teachers;

Instructors and training expenses;

3. Date of recognition.

(3) The period of validity of recognition of workplace skill development training courses by the Minister of Employment and Labor under Article 19 of the Act shall be three years.

The Minister of Employment and Labor shall determine in consideration of the demand for human resources for the industry and the training demand for the relevant process.

Enforcement Regulations of the Workplace Skills Development Act

Article 6-3 (Criteria for Measures, such as Cancellation of Recognition of Training Courses, etc. for Accounts)

Detailed standards for corrective orders and revocation of recognition under Article 19 (5) of the Act, and specific period of restriction on recognition by reason of revocation.

The standards shall be as specified in attached Table 1-2.

[Attachment 1-2]

Criteria for measures, such as cancellation of recognition of workplace skill development training courses (including courses combining accounts), etc. (related to Article 6-3);

1. General standards:

1) A person who has obtained recognition of a training course pursuant to Article 19 of the Act falls under any subparagraph of Article 19(2) of the Act.

When an act is conducted, a corrective order, cancellation of recognition, or a disposition of restrictions on recognition pursuant to the individual standards under subparagraph 2.

(2) If there is no intentional or gross negligence, or if the degree of the violation is minor, the individual standard

Measures may be mitigated to the extent of 1/2 (in cases of revocation of recognition, an order for correction) of the standards prescribed by the Act.

(ii) the class of the relevant training course, if necessary to protect trainees despite the cancellation of the training course;

by no later than the due date, the exercise may be continued.

(iv) the relevant training institution has been exposed to the grounds for the cancellation of recognition based on individual standards and before the revocation of recognition becomes final and conclusive.

The recognition of new training courses and the conclusion of an entrustment contract can be reserved.

2. Individual standards:

A person shall be appointed.

A person shall be appointed.

【Rules for supporting workplace skill development training for workers

Article 2 (Definitions) The definitions of terms used in this Notice shall be as follows:

8. The term "unit period" means a period of one month from the commencement date of a drill;

Article 8 (Details of Training Courses Recognition)

Matters recognized for training courses pursuant to Article 19 of the Act shall be as follows:

1. Name and location of the training institution and the name of the recognized person (in cases of a corporation, its name and the name of its representative);

The name and recognized date of the training course;

2. Details of training courses, training period (training days), training hours, training methods, training places, gardens, training facilities and playgrounds;

Non-, Teachers, and Instructors

3. Standard amount of subsidies per head;

Article 10 (Report on Execution of Exercise)

Any person who has obtained recognition of a training course pursuant to Article 19 of the Act shall enter the following matters in the HRD-Net:

1. A report on conducting training courses for supporting workplace skill development training of workers in attached Form 7 by the day before the training commencement date;

2. Information on quarterly schedule for the establishment of training courses;

Article 11 (Effect of Recognition of Training Courses)

(1) The term of validity of training courses recognized under Articles 7 and 7-2 shall be one year from the date the relevant courses are recognized.

(2) Where a training institution intends to repeatedly operate the same course approved within a period referred to in paragraph (1), it shall undergo the recognition procedure.

approximately, a report on the implementation of training courses for supporting workplace skill development training of workers in attached Form 7 under Article 10.

The workplace skill development training support courses for workers may be operated by entering into the HD-Net.

(3) Training institutions shall give general lessons to trainees who intend to receive support for workplace skill development training for workers, which do not receive such support.

No tuition fees higher than that of trainees shall be paid: Provided, That in cases of basic livelihood recipients, persons with disabilities, students, etc., the number of persons with disabilities, etc.

Tuition fees may be discounted.

Article 14 (Support Procedures)

(1) Training expenses for workplace skill development training for workers shall be paid on 15 days from the beginning day of the relevant month, the unit period of which ends.

For up to 16 days from 16 days to 3 days of the relevant month (excluding Saturdays and holidays), and shall be calculated after closing

If the end of the unit period is from the 16th day of the relevant month to the last day, it shall be within 3 days from the beginning of the following month (today and day);

It shall be calculated by closing on a holiday (excluding holidays).

(2) A training institution shall be located within three days from the closing date referred to in paragraph (1) through HR-Net (excluding Saturdays and holidays).

Training expenses shall be confirmed and applied to the head of the competent local employment and labor office for training expenses.

(3) Notwithstanding paragraphs (1) and (2), a training course for workers who wish to apply for training expenses after the completion of the workplace skill development training course.

An institution may apply for training expenses to the head of the competent local employment and labor office within 30 days from the end of the relevant course.

section 1.

(4) Training expenses for a unit period applied for pursuant to paragraph (2) shall be paid within 15 days from the date on which an application is filed ( Saturdays or public holidays on the last day).

In the case of day, it shall be paid by the following day).

(5) Training expenses under paragraphs (1) through (4) shall be paid to training institutions by an affiliated financial institution.

(6) Training encouragement allowances referred to in Article 12 (2) shall be under the jurisdiction of a training institution through HRD-Net pursuant to paragraphs (1) and (2).

An application shall be filed with the head of a protective employment office.

Article 15 (Standards for Completion of Subsidies)

The standards for the completion of training courses to receive support for workplace skill development training for workers shall be as follows:

1. In cases of a cluster training course and foreign language training course: 80/100 of the prescribed number of days for training (ten days or less for training or hours for training);

In the case of less than 40 hours, attendance at least 80/100 of the prescribed training hours shall be required and the exercise shall be completed. This light

The standards for the management of the appointment of trainees shall be as follows:

(a) To treat him/her as a leave of absence for a day, if he/she finds it three times: Provided, That he/she shall receive an actual decoration, early retirement, or outing;

If training hours are less than 50/100 of the target training hours per day, it shall be deemed that the number of days of training has been absent.

At least 40 hours of training shall be limited to the courses with at least 40 hours.

(b) Where training is conducted for at least ten days, a trainee shall be appointed for a reserve force training, civil defense training, election, etc.;

Where a person fails to receive such training, he/she shall fall under attached Table 2 of the Regulations on the Implementation of Workplace Skill Development Training for Workers, Etc.

It shall be treated as having received training by applying mutatis mutandis the number of days of recognition of stone.

Article 17 (Management of Participation, etc. by Training Institutions)

(1) Training institutions that operate training courses in which persons eligible for support under Article 3 participate shall be limited to those linked to affiliated financial institutions.

The National Institute of Technology Education shall install a device in the form of LF and manage the conclusion thereof, and examine the Korea Institute of Technology Education.

The training courses determined to be appropriate shall be held by the Minister of Employment and Labor by establishing a system for the management of access separately recognized by the Minister of Employment and Labor

(2) The Ministry of Employment and Labor shall grant an award for support to the Ministry of Employment and Labor within one year from the date the training institution applies for the recognition of training courses.

Restrictions on entrustment and training pursuant to Article 16 (2), 19 (2), or 24 (2) of the Act, or pursuant to Article 16 (2), 19 (2), or 24 (2);

Where recognition of the course is revoked and a disposition equivalent thereto is issued, before the date of applying for recognition of training courses or the date of relevant disposition.

Within 30 days from the date, the fingerprint identification management system or the Minister of Employment and Labor separately for all training courses;

It shall be operated by introducing and operating an access management system.

(2) Trainees shall be present at each training day by using cards, etc. at the time of commencement and completion of each training course.

(3) Where a trainee is unable to be present at a training institution due to any of the following grounds, the relevant grounds shall arise:

by no later than the day after the date of such request for the presence of a person, together with evidentiary data on the relevant reason, by no later than the day after the date;

of the corporation.

1. Where a report on loss of a card or an application for re-issuance is filed due to the loss or damage thereof;

2. Where any inevitable cause, such as power failure, failure of terminal devices, or failure of fingerprint recognition system, occurs;

3. Where he is unable to attend due to field practice programs;

4. Where other grounds recognized by the head of a local employment and labor office arise.

(4) Where a training institution requests attendance pursuant to paragraph (3), it shall prepare a ledger for requesting attendance in attached Form 10.

shall be kept and furnished.

(5) Training institutions shall endeavor not to engage in any act, such as acting or acting lectures, and become aware of such act.

(2) The local employment and labor offices shall immediately notify the local employment and labor offices.

(6) The head of a local labor agency shall commission other persons with a card, etc. for a trainee's physical training for his/her attendance.

The use of a card shall be suspended if he/she becomes aware of the fact that he/she has made an appearance. In such cases, the use of the card shall be suspended.

The use shall be suspended for 180 days from the date of suspension.

(7) A training institution shall enter trainees’ education courses into the HRD-Net by no later than 30 days after the completion of the training course.

shall be clearly informed to trainees so that they may be available.

1) Article 2 subparagraph 8 of the Regulations on Assistance to Workplace Skill Development Training for Workers refers to the unit period of one month from the date of commencing the training.

(1) provide that "...."

2) Article 15 Subparag. 1 (a) of the Regulations on Assistance to Workers’ Vocational Skills Development Training provides that “in order to receive workplace skill development training support for workers

In the case of a cluster training course, where the number of K training days is less than 8/100 of the number of days for cluster training, or the training hours is less than 40 hours.

80 percent or more of the prescribed training hours shall be present and the training shall be completed, provided that the requirements for completion shall be met.

In relation to the appointment management of trainees, if any, three times, gymnasium, early leave, or outing shall be treated as one day of absence: Provided, That it shall be treated as gymnasium, early leave.

If the actual training hours are less than 50/100 of the target training hours per day due to outing, it shall be deemed that the person has been absent (the number of days of training).

"The training hours shall not be less than 10 days and not less than 40 hours."

3) Article 14(1) of the Regulations on Assistance to Workplace Skill Development Training for Workers refers to the payment of training expenses for workplace skill development training for workers.

Where the date the unit period ends from the beginning of the relevant month to the 15th day of the relevant month, within three days from the 16th day of the relevant month (in case of Saturdays and holidays, the Saturdays and holidays):

the first day of the following month, if the last day of the unit period is calculated at the end, and if the last day of the unit period is from 16th to the last day of the corresponding month;

Note 3 days or less (excluding Saturdays and holidays) and Paragraph 2 of the same Article provides that "shall be calculated after finishing on the day."

The officer shall calculate training expenses (excluding Saturdays and holidays) within three days from the closing date referred to in paragraph (1) through HRD-Net;

and the head of the competent local employment and labor office shall apply for training expenses. The instant decoration is stated as follows.

The first unit period (from January 14, 2018 to February 13, 2018) and the second unit period (from February 14, 2018 to February 13, 2018) of the training course (third unit period).

With respect to the withdrawals set forth in subparagraphs 1 through 4, among [Attachment 1] arising within 3, 13, 2018, the defendant's site location is located.

The application for the payment of training expenses has been made before the date of the Do and inspection ( April 14, 2018), but the third unit period (2018.) has occurred, but the third unit period (2018.

3. In relation to the matters to be removed from each column set forth in paragraphs 5 through 13 among the [Attachment 1] arising within the period from 14. to April 13, 2018, a decoration shall be granted.

Training expenses shall be paid from April 19, 2018 to April 23, 2018, before the Defendant’s on-site guidance and inspection date ( April 14, 2018).

The application for payment was not filed.

4) Pursuant to Article 13(2) [Attachment 1] of the Regulations on Assistance to Workers’ Vocational Skills Development Training, the instant training course (3) pursuant to Article 13(1)

(j) In the case of a meeting, if the attendance rate is at least 80 per cent, the full amount of the training expenses shall be subsidized and the attendance rate is less than 80 per cent.

training expenses shall be subsidized in proportion to the attendance rate if the standards for completion are not satisfied.