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(영문) 서울행정법원 2017.01.23 2016구단21742
지원금등 추가징수통지처분 취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The plaintiff is a person operating the Seoul B Apartment and the "C Child Care Center" in 1805 Dong 106.

D is a person who obtained authorization from the Seoul Northern District Office of Education for workplace skill development training from the Seoul Northern District Office of Education on June 2013, and conducted workplace skill development entrusted education for 61 childcare centers in Seoul F-gu from June 2013 to December 31, 2014. The Ministry of Employment and Labor delegated duties concerning workplace skill development training to the Human Resources Development Service of Korea, and an educational institution authorized by the Office of Education from the Office of Education delegated duties to the Human Resources Development Service of Korea. The Ministry of Employment and Labor grants a refund to the entrusted owner of Human Resources Development Service of Korea when the entrusted owner files an application for the recognition of the course of commissioned education, reports on the provision of commissioned education, and reports on the completion of entrusted education and files

On September 2013, the Plaintiff settled KRW 762,00,000, as four infant care teachers, including G, employed by the “C” childcare center, participated in seven commissioned education, such as the primary and specialized course of the production of children education districts established by the pertinent E-education center.

D On October 14, 2013, the above education center entered four infant care teachers, including G, into the HRD system of the Human Resources Development Service of Korea, as if the above G et al. had not received actual commissioned education, and submitted the relevant documents to the person in charge of the Human Resources Development Service of Korea to refund KRW 762,00 of the entrusted education expenses to the Plaintiff.

The Plaintiff obtained the total amount of KRW 5,704,00 from the Human Resources Development Service of Korea on a total of nine occasions, as shown in the attached Table, from that time until July 29, 2014, by fraud.

Accordingly, on June 14, 2016, the Defendant: (a) pursuant to Articles 55 and 56 of the Act on the Development of Workplace Skills of Workers (hereinafter “Vocational Skills Development Act”), 360 days (from June 15, 2016 to June 9, 2017) (hereinafter “Vocational Skills Development Act”); (b) limitation on subsidies and loans; and (c) 5,704,00 won.

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