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(영문) 서울행정법원 2015.02.12 2014구합64438
훈련참여제한 등 처분 취소청구의 소
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. Basic facts

A. The Defendant, a corporation established pursuant to Article 9 of the Act on the Employment Improvement, etc. of Construction Workers, is an organization that conducts the instant project by conducting training for construction workers by entering into a training agreement with a training institution equipped with facilities and equipment necessary for training of construction technical personnel and for improving the functions of construction technical personnel after being entrusted with the instant business by the Ministry of Employment and Labor (hereinafter “instant business”). The Plaintiff is the representative of the B Vocational Professional School (hereinafter “instant school”). The Plaintiff is a person who conducts vocational training with the Defendant for the daily workers selected as trainees and the selected trainees pursuant to the training implementation agreement with the Defendant (hereinafter “instant agreement”).

B. On May 7, 2014, the Defendant conducted a non-regular inspection of the instant school on the following grounds: (a) on the ground that “three students from May 14, 2014 to 17:00 of the instant school’s training courses were discovered to be absent from the head of the relevant district office of education on a non-regular inspection; (b) one early trainee, one trainee, and one trainee, during the training, are present at the attendance book during the training, and have been trained at the other training site by leaving the designated training site.” (c) On July 14, 2014, the Defendant notified the Plaintiff on July 14, 2014 that “The Plaintiff terminated the training agreement with the Plaintiff for the year 2014; (d) restricted the Plaintiff’s participation in the Plaintiff’s training project for one year; and (e) notified the Plaintiff of the Plaintiff’s demand for training during the training period of 203,300 won and 300 times the amount of the Plaintiff’s religious supply and demand of 20.”

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