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(영문) 서울행정법원 2019.02.20 2017구단78905 (1)
부정수급액반환명령등취소
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Details of the disposition;

A. Both the Plaintiffs (hereinafter referred to as “the Plaintiffs”) are companies engaged in taxi passenger transport business, and both F or G Co., Ltd. (hereinafter referred to as “H”) are companies recognized as workers’ workplace skill development training courses.

B. The Plaintiffs entered into a contract with H for workplace skill development training (hereinafter “instant training”) by means of remote training for the personnel in the table “training personnel” among the Plaintiffs’ employees belonging to H as shown in the attached table “Entrustment Contract” (hereinafter “the attached table”). When indicating a part of the training, each Plaintiff entered into a contract for workplace skill development training (hereinafter “the instant training”).

C. Since then, the Plaintiffs received ordinary training from the trainees, and met the completion standards for the payment of postal remote training subsidies (hereinafter “the completion standards”) (hereinafter “the completion standards”), the Plaintiffs filed an application with the Human Resources Development Service of Korea for the payment of subsidies, and received subsidies as indicated in the table “the subsidies”.

The Defendants: (a) against the Plaintiffs, on the grounds that “the instant trainees did not undergo training, and failed to meet the standards for completion, and the Plaintiffs applied for subsidies to the Human Resources Development Service of Korea,” as indicated in the attached list of “Disposition List”; (b) the Defendants restrict subsidies and loans for 360 days pursuant to Article 5(2) of the former Act on the Development of Workplace Skills of Workers (amended by Act No. 13902, Jan. 27, 2016; hereinafter “Vocational Skills Development Act”) and enforced from July 28, 2016; and (c) Article 22 and [Attachment Table 6-2] of the Enforcement Rule of the Act on the Development of Workplace Skills of Workers (hereinafter “Enforcement Rule of the Vocational Skills Development Act”); and (b) order the Plaintiffs to return the amount equivalent to subsidies received by the Plaintiffs pursuant to Article 56(2) of the same Act; and

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