(영문) 대전지방법원 2019.01.31 2017구합106441

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(영문) 대전지방법원 2019.01.31 2017구합106441

대한민국명장 선정 취소처분 등 취소청구의 소

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1. All of the plaintiff's claims are dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Details of the disposition;

A. On September 1, 2015, the Plaintiff, who worked for technical appointment at the Daegu Service Center, Inc. (hereinafter “Tgu Service Center”), was selected as the “Korean Master” in the field of automobile maintenance work pursuant to Article 11(1) of the Act on Encouragement of Skilled Crafts by the Minister of Employment and Labor (hereinafter “Defendant Minister”), and received a lump-sum grant of KRW 20 million around that time.

B. On August 31, 2017, the Defendant Minister revoked the designation of the Master Craftsmen of the Republic of Korea on the ground that the Plaintiff’s “official seal is affixed without confirmation and approval of the head of the department with respect to the performance submitted at the time of filing an application for the Master Craftsmen of the Republic of Korea” (hereinafter “reasons for Disposition 1”), and that “the Plaintiff did not directly participate in the quality improvement work but submitted the official seal with his/her own performance” (hereinafter “grounds for Disposition 2”).

C. Following the revocation of the above selection, the president of the Human Resources Development Service of Korea (hereinafter “Defendant president”) issued a disposition to recover the Plaintiff’s lump sum grant of KRW 20 million to the Plaintiff by November 25, 2017, on October 24, 2017.

(hereinafter referred to as "the grounds for recognition: Gap's certificate (including paper numbers; hereinafter the same shall apply) Nos. 1, 2, 3, and 11

(2) 【Each entry】

2. Summary of the plaintiff's assertion

A. The Plaintiff alleged the grounds for disposition No. 1 prepared a "other performance" on the application for the Master Craftsmen of Korea, and requested the head of the Daegu Service Center that the Plaintiff worked in accordance with ordinary business practices to change the official seal of the head of the Center D, who is the head of the department, to confirm the above performance. C, on behalf of D, affixed the official seal of the head of the Center and affixed the seal of the head of the Center. The above fact was recorded in the official seal management ledger, and obtained approval from D.

Therefore, when the plaintiff applies for the name of the Republic of Korea, the head of the Center D, who is the head of the department.

참조조문

-숙련기술장려법 제11조 제1항

유사 판례

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