logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울고등법원 2018.11.16 2018누48474
근로자 직업능력개발 훈련비용 반환 등
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 first instance court.

Reasons

1. The argument that the plaintiff citing the judgment of the court of first instance is at the trial is not different from the argument of the court of first instance, and even if the evidence submitted in the court of first instance is examined, the judgment of the court of first instance that dismissed the lawsuit of this case

Therefore, the reasoning of this court's judgment is the same as that of the court of first instance except for the following parts, and thus, it is acceptable to accept it as it is in accordance with Article 8 (2) of the Administrative Litigation Act and Article 420 of the Civil Procedure Act.

The 5 to 6th parallels below the third parallels shall be followed as follows:

4. The Defendant’s determination as to the legitimacy of the instant lawsuit is the Plaintiff’s employer B and E at the time of the Plaintiff’s childcare center that received vocational skills development training costs by fraud or other improper means, and the Plaintiff is not the other party to the instant disposition, and thus, did not have any legal interest in seeking revocation of the instant disposition.

In full view of the following circumstances, the background of the above disposition, Eul evidence Nos. 1 and 6, and the result of fact-finding on the court of first instance and the purport of the entire pleadings, the other party to the disposition of this case is not the plaintiff but the plaintiff, and the plaintiff's legal interest is not infringed due to the disposition of this case. Thus, there is no interest in the lawsuit seeking cancellation of the disposition of this case against the plaintiff.

In accordance with Articles 20(1), 55(2), and 56(2) of the Act on the Development of Workplace Skills of Workers, where the Minister of Employment and Labor provides subsidies for workplace skill development training expenses, the counterpart to the subsidization is the employer, etc., and where the employer, etc. has received subsidies by fraud or other improper means, the restriction on subsidies and loans, refund of unlawful payments, and additional collection are imposed, and the counterpart to the disposition

With respect to this case, health expenses, false or other unlawful means.

arrow