2013Nu1712 Revocation of revocation of a decision to refund illegal receipt amount and additional collection amount

Korea Manpower Development Institute, a foundation for workplace skill development training

The President of the Gwangju Regional Labor Agency

Gwangju District Court Decision 2010Guhap3947 Decided October 31, 2013

March 6, 2014

April 3, 2014

1. The part against the defendant, which exceeds the subsequent order for revocation, among the part concerning the additional collection of judgment in the first instance, shall be revoked, and the plaintiff's claim corresponding to the revoked part shall

The Defendant’s disposition of additional collection of KRW 537,050 against the Plaintiff on February 16, 2010, which exceeds KRW 115,050, shall be revoked.

2. The defendant's remaining appeal is dismissed.

3. 1/10 of the total costs of litigation shall be borne by the Plaintiff, and the remainder by the Defendant, respectively.

The Defendant’s disposition to return training fees of KRW 107,410 and to additionally collect KRW 537,050 against the Plaintiff on August 13, 2010 is revoked.

The part of the judgment of the first instance against the defendant shall be revoked, and the plaintiff's claim corresponding to the above revocation shall be dismissed.

1. Quotation of judgment of the first instance;

The court's explanation of this case is based on Article 8 (2) of the Administrative Litigation Act and Article 420 of the Civil Procedure Act, since the reasoning of the judgment of the court of first instance is the same as the reasoning of the judgment of the court of first instance except for dismissal or modification as follows.

[Supplementary Use]

○ The second term is 2010,8.12, "the second term is 2010,000.8,13."

【Revised Part】

“Additional collection of KRW 537,050,000,000” is amended as follows:

According to Article 16 (6) 1 (a) of the former Vocational Development Act and Article 13-2 of the Enforcement Decree of the same Act (amended by Presidential Decree No. 22356, Aug. 25, 2010) and Article 6 (1) 1 (c) of the Enforcement Rule of the same Act (amended by Ordinance of the Ministry of Employment and Labor No. 5, Aug. 30, 2010), an administrative agency may additionally collect an amount equivalent to five times the amount of subsidies (or an amount equivalent to five times the amount of subsidies received by fraud or other improper means if a person whose entrustment contract is terminated by fraud or other improper means is less than 1,00,000 won if the amount of subsidies received by the person whose entrustment contract is terminated by fraud or other improper means).

With respect to this case, since the number of times the Plaintiff filed a claim for expenses by false or other unlawful means during the past five years prior to the date of detection of the violation, the Defendant considered the Plaintiff’s illegal receipt amount to KRW 107,410,050, which is five times the Plaintiff’s additional collection of KRW 107,410,050, which is five times the Plaintiff’s illegal receipt amount to KRW 107,410,000. However, as seen earlier, the fact that the Plaintiff received training expenses by false or other unlawful means is as follows. According to the above provisions, the Defendant may additionally collect KRW 115,050,050, which is five times the amount of KRW 23,010,000, the aforementioned additional collection disposition is lawful within the scope of KRW 115,050,

2. Conclusion

Therefore, the plaintiff's claim is justified within the scope of the above recognition, and the remaining claims are dismissed as it is without merit. Since the part against the defendant who ordered the revocation exceeding the above recognition amount among the part concerning the additional collection disposition of the judgment of the court of first instance with different conclusions is unfair, it is revoked, the plaintiff's claim corresponding to the revoked part is dismissed, and the defendant's remaining appeal is dismissed as it is without merit. It is so decided as per Disposition.

The presiding judge Park Byung-il

Judges Kim Jae-ho

Judges Lee So-hee