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(영문) 서울행정법원 2015.01.29 2014구합16347
공인노무사직무정지처분취소
Text

1. On November 7, 2013, the Defendant’s disposition of suspending practicing certified labor affairs consultant against the Plaintiff is revoked.

2. The costs of lawsuit shall be.

Reasons

1. Details of the disposition;

A. The plaintiff is the representative director and certified labor affairs consultant of B, and the defendant is the competent authority that performs the duties of guidance, supervision, etc. of certified labor affairs consultant.

B. On November 7, 2013, the Defendant, following a resolution by the Certified Public Labor Attorney Disciplinary Committee, issued an administrative disposition of two years of suspension of practicing certified public labor attorneys by applying Article 20(3), (1)5, and 6, and Article 12(1) and Article 13 subparag. 1 of the Certified Public Labor Attorney Act to the Plaintiff on the grounds of the following disciplinary grounds (hereinafter “instant disciplinary grounds”).

(hereinafter referred to as "instant disposition" / [Grounds for Disciplinary Action] The Plaintiff submitted false reports, verifications and documents so that the Plaintiff may pay 85,300,000 won per body to the personal constructor and the employees E, who are not employees belonging to the Do industrial enterprise, in collusion with C representative D, partner company (individual constructor) and their employees on behalf of the 62 employees of the Do Co., Ltd. (hereinafter referred to as "C") on or around October 201, in order to make a claim for substitute payment (32,00,000 won), which constitutes a violation of Article 20 of the Certified Public Labor Attorney Act, by preparing and submitting a false report on daily employment insurance, wage ledger, certificate of retirement, statement of arrears, and report on bankruptcy investigation. This constitutes a violation of Article 13 subparag. 1 and Article 12(1) of the Certified Public Labor Attorney Act.

In response to the instant disposition, the Defendant filed an appeal with the Central Administrative Appeals Commission on June 24, 2014, but dismissed, the Defendant appealed and filed the instant lawsuit on September 12, 2014.

[Ground for Recognition: Facts without dispute, entries in Gap evidence 1, 2, and 5, purport of the whole pleadings]

2. The assertion and judgment

A. The Plaintiff’s assertion of error of wages payment register, retirement certificate, retroactive report of employment insurance, etc. are prepared based on the statements of workers and materials provided by workers, or from the representative of the Do industrial enterprise.

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