201Guhap32539 Revocation of restrictions on entrustment of training courses, etc.

A

1. Korea;

2. The head of the following mountainous district office in Gwangju Regional Employment and Labor Office.

May 16, 2012

June 15, 2012

1. All of the Plaintiff’s claims against the Defendants are dismissed. 2. Costs of lawsuit are assessed against the Plaintiff.

On September 15, 2011, Defendant Republic of Korea confirmed that the termination of the contract on the network operation and management, information and communications facilities, automobile repair and ice design training courses conducted by Defendant Republic of Korea on September 15, 201 is invalid.

Defendant Gwangju Regional Employment and Labor Agency’s head of the following mountainous districts: On September 15, 201, the Korea Manpower Agency’s disposition is revoked one year (from September 16, 2011 to September 15, 2012) where entrustment and recognition of training courses for the network operation and management of schools B, information and communications facilities, automobile repair drawings, and ice design training courses conducted by the Korea Manpower Agency to the Plaintiff.

1. Details of the disposition;

A. Pursuant to Article 60 of the Act on the Development of Workplace Skills of Workers (hereinafter referred to as the “Act”), Article 52(2)2 of the former Enforcement Decree of the Act on the Development of Workplace Skills of Workers (amended by Presidential Decree No. 23467, Dec. 30, 201), the Minister of Employment and Labor entrusted the matters concerning the entrustment of the State-based and strategic industry occupational training to the former president of the Human Resources Development Service of Korea (hereinafter referred to as the “Disposition Agency”). Accordingly, the Disposition Agency entered into an agreement on the entrustment of the State-based and strategic industrial occupational training for the Defendant Republic of Korea (hereinafter referred to as the “each training course of this case”) with respect to the operation and management of networks with the Plaintiff operating the Defendant B, information and communications facilities, automobile repair drawings, and ice design (hereinafter referred to as the “each training course of this case”), as follows:

A person shall be appointed.

B. On July 21, 201, the Ministry of Employment and Labor and the disposition agency conducted a special guidance and inspection for B schools (hereinafter “instant inspection”) and discovered the following facts of violation of the training plan (hereinafter “instant violation”).

A person shall be appointed.

C. On September 15, 201, the disposition authority issued each of the instant contracts on the ground that the instant contracts are terminated, at the same time, for one year (from September 16, 2011 to September 15, 201) with respect to each of the instant training courses on the ground that “the instant contracts are in violation of the entrustment contract to the extent that it would violate the purpose of training, training hours, class organization, training instructors, training places, training facilities and equipment, etc.,” and Article 6 [Attachment Table 1] of the Enforcement Rule of the Act on the grounds that “the instant contracts are terminated,” and upon the termination of each of the instant contracts, the disposition to restrict the entrustment and recognition of each of the instant courses (from September 16, 2011 to September 15, 201) (the termination of each of the instant entrustment contracts cannot be deemed as the termination of contracts under the Public Law, but all of the instant contracts and the instant restrictions are terminated on the date of termination of the contract and its operation.”

D. Meanwhile, the Plaintiff initially filed the instant lawsuit against Defendant Korea and the Human Resources Development Service of Korea, which came into effect on January 1, 2012, pursuant to Article 52(1)1 of the Enforcement Decree of the Act on the Development of Workplace Skills of Workers (amended by Presidential Decree No. 23467, Dec. 30, 201) of the current Enforcement Decree of the Act on the Development of Workplace Skills of Workers (amended by Presidential Decree No. 23467, Dec. 30, 201), the authority on each of the instant dispositions was delegated to the head of the Korea Employment and Labor Agency, the head of the regional employment and labor office, thereby succeeding to

[Ground of recognition] Evidence Nos. 1-1 through 4, Evidence Nos. 2 and 3, and the purport of the whole pleadings

A. The plaintiff's assertion

(1) The absence of the grounds for termination and the grounds for disposition

In order to achieve the purpose of training that trainees are employed in the course of each of the instant training courses, the Plaintiff only changed the place of training, added teaching materials, or used auxiliary teaching materials to the extent that it does not interfere with the progress of training in response to the urgent situation at the site. Thus, the Plaintiff cannot be deemed as a violation of an entrustment contract as to the important matters of training courses to the extent that it violates the purpose of training.

① In the case of a network operation and management training course, the basic X-cella use method is added to the demand of some trainees for older persons and on the extension of the veterinary industry, and the trainees have been engaged in a course by turning out gender data into a points due to the elderly relationship. Therefore, there are many cases where trainees have not carried teaching materials.

② In the case of the training courses for information and communications facilities, trainees were not carrying teaching materials, and trainees were placed in the training room and operated by moving the equipment of the training room to the computer room because they did not have a computer in the training room.

③ In the case of the training courses for automobile repair driving skills, the Plaintiff had both strawers, strawing machines, and Mastaldi pents.

(4) In the case of the Lice Design Training Courses, some trainees did not have the ability to use a computer, so training instructors personally provided supplementary education. A supplementary teacher is merely 2 trainees on the day of the inspection to attend 1 to 2 times a week, and this does not require a supplementary teacher.

(2) A deviation from or abuse of discretionary power

Even if the Plaintiff violated each of the instant consignment contracts, it was intended to efficiently conduct workplace skill development training, and it was also insignificant in the degree of violation and did not take mitigation measures.

(b) Related statutes;

It is as shown in the attached Form.

(c) Fact of recognition;

1) Each of the instant consignment contracts states that the details of the training conducted by the Plaintiff are based on the training plan and training schedule submitted at the time of filing an application for training.

2) On July 21, 201, D, a training teacher for the process of network operation and management, had X-gu lectures in order to conduct the training for network construction system, and trainees had IT Q and teaching materials for information utilization, not teaching materials, but teaching materials for information device operation technicians. 3) On July 21, 201, E, a training teacher for the course of information and communications facilities, had theoretical education for sharing the Internet, while conducting the training for network operation and management. trainees had teaching materials for computer utilization capability, not teaching materials specified in the training plan, and practical training for the above process did not form equipment for practical training.

4) At the time of the inspection of the instant case, the Plaintiff failed to present to the inspection personnel the melters, open-out, Mascpan panty, which is a major training equipment in the course of the automobile repair and painting test site, which was verified by the inspection personnel.

5) On July 21, 201, F, a training teacher for the ice design process, should educate some trainees about the use of their computers. However, on the training plan, F, a training teacher (C) reported, but did not participate in the class, and used the material room space for another course and common use.

6) Article 11 of the Regulations on the Implementation, etc. of Training for National Period and Strategic Industry Occupational Categories (Notice of the Ministry of Employment and Labor No. 2010-29) provides that a trainee shall submit an application for confirmation of an implementation plan for training for national key and strategic industrial occupational categories to the head of the headquarters or branch office of the Human Resources Development Service of Korea (hereinafter referred to as the "head of the headquarters or branch office") by no later than 14 days prior to the date of commencement of training along with the training time schedule. The head of the headquarters or branch office shall examine the appropriateness of the implementation plan and notify the relevant trainee of the confirmation of the implementation plan for training for national key and strategic industrial occupational categories, and shall immediately report the confirmation of the implementation plan to the chairperson of the Human Resources Development Service of Korea (hereinafter referred to as the "president") by no later than seven days prior to the scheduled date of modification, if the trainee intends to revise the finalized implementation plan, he/she may make an application for modification of the implementation plan for training for national key and strategic industrial occupational categories by no later than seven days prior to the scheduled date of modification.

[Ground of recognition] Eul evidence Nos. 1, Eul evidence Nos. 2-1, 2, Eul evidence Nos. 3 through 18, and the purport of the whole pleadings

D. Determination

1) Whether the grounds for termination and the grounds for the disposition exist

(1) The Plaintiff or the Plaintiff’s training staff members were required to submit an application for change of the training implementation plan to the extent that it did not comply with the original purpose of the training plan, and the following circumstances, i.e., (i) the Plaintiff’s operation and management of networks, information and communications facilities, and ice design) or unauthorized teaching materials different from the original training plan as at the time of the inspection; (ii) the Plaintiff or the Plaintiff’s training staff members did not properly form training rooms and material rooms (information and communications design); (iii) the Plaintiff or the Plaintiff’s training staff members did not appear to have violated the purpose of the training plan and the Plaintiff’s inspection and maintenance of the training plan as at the time of the inspection of the instant case, and (iv) the Plaintiff’s request for change of the training plan and implementation of the training plan within 7 days prior to the scheduled date of the change, but the Plaintiff or the Plaintiff’s training staff members were unable to present the training plan and the Plaintiff’s inspection and maintenance of the training plan as at the time of the inspection and development of each of the instant case.

2) Whether the discretion is deviates or abused or not

In other words, the following circumstances recognized by the above facts, the evidence and the purport of the entire pleadings, namely, ① each of the dispositions of this case, are deemed to have been conducted in accordance with the criteria set forth in the measure guidelines of this case, ② the evidence materials submitted by the Plaintiff alone are insufficient to deem that the Plaintiff did not have intent to each of the instant offenses or committed a minor violation, ② the purpose and purport of workplace skill development training conducted for the smooth supply and demand of human resources in the national strategic industry, such as the industry, information and communication industry, etc. serving as the term of the national economy, and the enormous amount of funds invested in the workplace skill development project, and infringement of the right of trainees to receive appropriate training due to each of the instant offenses, etc.

3) Therefore, each of the instant dispositions by the Defendants is lawful.

3. Conclusion, Then, the plaintiff's claim of this case is dismissed as it is without merit. It is so decided as per Disposition.

the presiding judge and deputy judge

Judges Yang Yang-ju

Judge Kim Gin-hun

A person shall be appointed.

A person shall be appointed.

A person shall be appointed.

A person shall be appointed.