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(영문) 인천지방법원 2019.07.23 2018구단50366
직업훈련시설지정취소처분 취소청구
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1. The instant lawsuit shall be dismissed.

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

Reasons

1. Details of the disposition;

A. The Plaintiffs have operated the said school as a joint representative of the “C Vocational Professional School”.

On November 30, 2002, the above school was designated as a vocational skills development training establishment pursuant to Article 28 of the Workers’ Vocational Skills Development Act, etc., and the change of designation was made by the defendant several times thereafter.

The location of the above school is "Incheon-dong-gu D (Incheon-gu E)."

B. On May 22, 2015, the Plaintiffs reported to the Defendant on May 22, 2015, to temporarily change the location of a site for outdoor practice to “F (Seoul-dong Seoul-dong-dong-dong-dong-dong-dong-gu G)” located at a 100-meter level for the extension of training facilities of the third floor above the ground level on the site for outdoor practice site. On May 29, 2015, the Defendant changed the designation of vocational ability development training facilities on the ground of the change of facilities to the Plaintiffs.

The Defendant asserts that “location change” and “application for designation for change of workplace skill development training facilities” under the Enforcement Rule of the Act on the Development of Workplace Skills of Workers (Form 6) are not “application for designation of change” but “application for designation of change.” However, Article 28(2) of the Act on the Development of Workplace Skills of Workers stipulates that if it intends to change matters prescribed by Presidential Decree among the details designated as designated occupational training facilities, designation shall be obtained from the Minister of Employment and Labor. Article 24(3) of the Enforcement Decree of the

2. Name of the representative;

3. The types of workplace skill development training and the method of workplace skill development training under Article 3(2) provide that “the alteration of facilities to be installed in a lecture room and a practice room” under the above Enforcement Decree shall be deemed not to fall under the alteration report but the alteration report. ② The Plaintiffs reported temporarily “the change of the location of an outdoor room” for the extension of facilities, and the location of the said vocational school itself shall be changed.

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