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(영문) 인천지방법원 2011.07.14 2010구합4340
행정처분취소
Text

1. The Defendant’s work against the Plaintiff on September 28, 2010 (1) from October 16, 2010 to October 2010 for the entire course of workplace skill development training.

Reasons

1. Details of the disposition;

A. On February 25, 2002, the Plaintiff is a person who operates the C Job Special School in Seocheon-gu, Seocheon-gu (hereinafter “instant facilities”). On February 25, 2002, the instant facilities were designated as a vocational skill development training establishment under the former Workers’ Vocational Skills Development Act (amended by Act No. 10338, May 31, 2010; hereinafter “Act”).

B. On May 28, 2008, the Plaintiff was commissioned by the Defendant to conduct the following training courses for automobile maintenance (hereinafter “instant training courses”).

(hereinafter referred to as the “instant entrustment contract”). - Training course - Automobile maintenance - Training institution: Facility of this case (representative Plaintiff): - Training period: 6 hours from May 29, 2008 to November 28, 2008, total of 764 hours per day 6 hours from November 29, 2008 - The number of persons who conclude the entrustment contract: 25 persons (change 18, new seven persons).

C. On November 30, 2009, the Defendant issued a disposition to the Plaintiff on November 30, 2009 to restrict the entrustment for one year from November 30, 2009 to November 29, 201, on the ground that “the training teacher was present and received training costs of KRW 58,290 for trainees departing from the Republic of Korea from the instant training course,” (i) the termination of the entrustment contract for the instant training course, (ii) the termination of the entrustment contract for the instant training course, and (iii) the return of the illegally received amount of KRW 58,290 and the additional collection of KRW 174,870.

After that, on September 28, 2010, the Defendant: (a) revoked ex officio the disposition of November 30, 2009, on the ground that the training fees of KRW 1,730,420 paid from the date of the substitute attendance to the date of the completion of the training, with respect to trainees who were represented by the Plaintiff constitute grounds for expulsion; and (b) the termination of the contract for the entire course of vocational skills development training to the date of November 30, 201; (c) the termination of the contract for the entire course of vocational skills development training; (d) the entrustment of and restriction on the entrustment of and recognition for 1.5 months from October 16, 201 to November 30, 201; and (e) the termination of the contract for the automobile maintenance process; and (d) the restriction on entrustment and recognition of the automobile maintenance process for January 5, 2009 to November 13, 2011; and (c) the amount of fraudulent receipt;

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