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(영문) 창원지방법원 2019.06.05 2018구단12351
인정취소 및 위탁, 인정제한처분취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Summary of disposition;

A. The Plaintiff is a person who operates a vocational training institution under the trade name of “C” in Jinju-si, and is paid training expenses in question to the Plaintiff for the total of 60 days from March 10, 2015 to June 5, 2015, 3 hours a day, and 11 trainees.

B. On August 31, 2018, the Defendant rendered a disposition to the Plaintiff on the ground that “If a trainee D, among the above training courses, served in a cafeteria located in the Jinju city from January 5, 2015 to December 17, 2016, he/she falsely attended the Plaintiff as if he/she had received vocational training from March 10, 2015 to June 5, 2015, and received training expenses (an illegal receipt of training expenses) and three months (from September 1, 2018 to November 30, 2018) and six months after the entrustment and restriction of recognition, and six months after the recognition (with respect to false settlement management) and the pertinent restriction (hereinafter “instant disposition”).

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, 9, Eul evidence 4 and 5, the purport of the whole pleadings

2. Whether the disposition is lawful;

A. The Plaintiff’s assertion D stated that the Plaintiff worked in a restaurant during the training period by false means while reporting the delayed payment of wages against the restaurant representative. Since the Plaintiff did not falsely open the restaurant, the grounds for disposition are not recognized.

Even if a false decision-making management was made, this was caused by the plaintiff's improper decision-making, and since a considerable part of the training was conducted, the degree of the violation is insignificant, so the disposition in this case constitutes a deviation or abuse of discretionary power.

B. (1) Determination (1) Where a trustee claims reimbursement of training costs differently from the fact that he/she had received training, in violation of the statutory or contractual obligations on the management, etc. of the rehabilitation of trainees, even though any trainee did not undergo training on the existence of the grounds for disposition, the trustee should not be actually paid training costs.

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