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(영문) 창원지방법원 2018.07.25 2018구단11228
인정취소 및 6개월 해당과정 위탁ㆍ인정제
Text

1. The plaintiff's main claim shall be dismissed.

2. The plaintiff's conjunctive claim is dismissed.

3...

Reasons

1. Details of the disposition;

A. The Plaintiff is a certified company entrusted with workplace skill development training pursuant to the Act on the Development of Workplace Skills of Workers.

B. On September 26, 2017, the Defendant issued a disposition to revoke recognition and to restrict the entrustment of the relevant course for six months on the ground that “The result of the Human Resources Development Service of Korea dated July 28, 2016, and the Plaintiff appears to have taught several workplace trainees with different addresses in the same IP address. However, on the ground that the Plaintiff managed the withdrawal by unlawful means and caused the entrusted business owner to receive training expenses.”

(hereinafter “Disposition in this case”). [Grounds for recognition] The Disposition in this case is without dispute; Gap evidence 1; Eul evidence 1 to 5; and the purport of the entire pleadings.

2. Whether the lawsuit of this case is lawful

A. The defendant asserts that a lawsuit concerning the primary claim is unlawful because the period of filing the lawsuit has lapsed. On the other hand, the plaintiff asserts that there is no dispute as to the limit of 90 days and facts, but that the provision that "it is possible to file an administrative lawsuit within one year from the date of disposition," which is not 90 days from the date of delivery of the disposition to the plaintiff who is not a legal expert

B. After the lapse of 90 days from the time when the plaintiff delivered the instant disposition, there is no dispute over the fact that the plaintiff filed a lawsuit concerning the primary claim, and according to the statement in Eul evidence No. 1, the defendant notified that he/she would institute an administrative lawsuit within 90 days from the date when he/she became aware of the disposition. However, even if the period for filing a lawsuit was lawfully notified in the instant case, it cannot be deemed that he/she may institute a lawsuit within one year from

Therefore, the lawsuit against the plaintiff's primary claim is unlawful.

3. Whether the disposition is lawful;

A. The Plaintiff’s conjunctive assertion is acknowledged as the Plaintiff’s supervisory responsibility, but the case of the students of the same workplace is separate.

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