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(영문) 인천지방법원 2019.01.22 2017구단50123
반환명령 및 추가징수 결정 등 취소
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Details of the disposition;

A. (1) The contents of the Plaintiffs’ entrusted training are as follows: (a) Plaintiff A entered into an entrusted training contract with Plaintiff A(hereinafter “AA”) in the city of Kimpo-si; (b) Plaintiff B’s Child Care Center located in the city of Kimpo-si; Plaintiff C’s Child Care Center located in the Dong in Kimpo-si; Plaintiff D’s Child Care Center located in the city of Kimpo-si; Plaintiff E’s Child Care Center located in Kimpo-si, Kimpo-si; Plaintiff E’s Child Care Center located in Kimpo-si; and Plaintiff F’s Child Care Center located in Who-si; and (c) Plaintiff A(hereinafter “AA”); and (d) entered into an entrusted training contract with Plaintiff A(hereinafter “A”); and (e) submitted to the Human Resources Development Service of Korea the documents that Plaintiff C first paid training fees to Plaintiff A in accordance with Article 27 of the Employment Insurance Act.

[In accordance with Article 8 of the Regulations on Supporting Workplace Skill Development Training for Business Operators (Public Notice of the Ministry of Employment and Labor), if they intend to receive training costs, they shall attend at least 80% of the training hours and complete the relevant training course].

(1) In the course of the investigation into AA, which is an entrusted training institution, the Incheon Bupyeong Police Station issued a false commission contract and tax invoice as if the business owner of 488 childcare centers, including the Plaintiff, did not preferentially pay training expenses, and notified the Defendant that “the trainee did not attend the training course for at least 80% and did not meet the completion standards and received training expenses despite his/her failure to attend the training course.” (2) As a result of the investigation into the Incheon Bupyeong Police Station on April 22, 2016, the Defendant notified the Plaintiffs of the fact that “self-employment report” under Article 22-2(1)3 of the Enforcement Rule of the Act on the Development of Workplace Skills of Workers.

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