2012Nu258444 Restrictions on consignment to vocational training institutions for the unemployed

A

Korea

The Head of the Seoul Regional Labor Agency Seoul Northern Site

Seoul Administrative Court Decision 2010Guhap4115 decided July 13, 2012

November 29, 2012

January 10, 2013

1. All appeals filed by the Plaintiff and the head of the Seoul Northern District Office are dismissed. 2. The costs of appeal are borne by the Plaintiff and the head of the Seoul Northern District Office.

1. Purport of claim

A. We affirm that the termination of the contract for the course of beauty and beauty art design done by Defendant Republic of Korea to the Plaintiff on November 19, 2010 is null and void.

B. The head of the Seoul Northern District Office (hereinafter referred to as the “head of the Seoul Northern District Office”) set forth on November 19, 2010 to the Plaintiff on November 19, 2010:

(1) The restriction on entrustment for the entire course of a vocational technical school is three months (from January 1, 2010 to February 18, 201). ② the restriction on entrustment for the course of beauty and beauty art design at a B vocational technical school (from November 1, 2010 to November 18, 201), ③ the restriction on payment of subsidies under the Employment Insurance Fund Support Project (from October 28, 2008 to October 27, 2009), ③ the restriction on payment of subsidies under the Employment Insurance Fund Support Project (from October 28, 2008 to October 27, 2009), and the revocation of the designation of a vocational training facility.

2. Purport of appeal

A. The plaintiff

1) The part of the judgment of the first instance against the plaintiff shall be revoked.

2) Defendant Republic of Korea confirmed on November 19, 201 that the termination of the contract for the course of beauty and beauty art design, which was concluded by the Plaintiff on November 19, 2010, is invalid

3) On November 19, 2010, the Administrator of the North Korean Site Office issued the Plaintiff on November 19, 201; ① Disposition of one year (from November 19, 201 to November 18, 201) restriction on consignment to the course of beauty and beauty art design at a vocational technical school; ② Order of return of 1,436,940 won, and additional collection of 563,130 won, and revocation of the designation of a vocational training facility.

B. Of the judgment of the first instance court against the Administrator of the North Korean Site Office, the part against the Administrator of the North Korean Site Office shall be revoked, and all the plaintiff's claims corresponding to the above revocation

1. Quotation of judgment of the first instance;

The reasons for this Court to be stated are as stated in the reasoning of the judgment of the first instance except for the corresponding part of the judgment of the first instance as follows. Thus, it shall be quoted in accordance with Article 8(2) of the Administrative Litigation Act and the main sentence of Article 420 of the Civil Procedure Act.

A person shall be appointed.

2. Conclusion

Therefore, the judgment of the court of first instance is legitimate, and all appeals filed by the plaintiff and the head of the North Korean Site Office are dismissed. It is so decided as per Disposition.

For the assistance of the presiding judge;

Judges Lee Jae-chul

Judge Shin Dong-hun