2012Nu10491 Revocation of an order to refund expenses for vocational ability development training

A Stock Company

The Administrator of the Incheon Northern District Office of Central Employment and Labor;

Incheon District Court Decision 201Guhap4736 Decided March 29, 2012

September 27, 2012

October 18, 2012

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

1. Purport of claim

The Defendant’s order to return KRW 208,467,70 to the Plaintiff on July 5, 2011 shall be revoked.

2. Purport of appeal

The judgment of the first instance is revoked. The plaintiff's claim is dismissed.

1. The reasoning of the judgment of the court of first instance is reasonable, and thus, it is cited in accordance with Article 8(2) of the Administrative Litigation Act and Article 420 of the Civil Procedure Act.

2. In light of the fact that it is difficult for the appellate court to detect illegal receipt of subsidies for workplace skill development training costs, the Defendant asserts that the instant provision cannot be deemed null and void as it violates the principle of excessive prohibition under the Constitution, since it is difficult for the business owner to detect illegal receipt of subsidies for workplace skill development training costs.

In full view of the purport of the argument in the evidence Nos. 10 and 11, the part of this case’s enforcement decree is against the principle of excessive prohibition, and thus, the defendant’s argument cannot be accepted, since the part of this case’s enforcement decree violates the principle of excessive prohibition and thus is invalid. The defendant’s argument is not acceptable. The part of this case’s enforcement decree is justified. It is so decided as per Disposition by the assent of all participating Justices.

3. If so, the judgment of the first instance is legitimate, and the defendant's appeal is dismissed as it is without merit.

The assistant judge of the presiding judge;

Judges Gangseo-gu

Judges Cho Young-soo