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(영문) 의정부지방법원 2018.05.17 2018구합11505
근로자 직업능력개발 훈련비용 반환 등
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. Details of the disposition;

A. B, from March 28, 2011 to November 18, 2013, operated the said childcare center as the representative of the D childcare center located in Scheon-si, and E, from November 18, 2013 to July 1, 2015, and the Plaintiff operated the said childcare center as the representative of the said childcare center from July 1, 2015 to July 1, 2015.

B. B, E, and the Plaintiff changed the representative of a child-care center as above, closed the existing business registration and took a new business registration method, and the business registration number of the child-care center operated by B (F), E (G), and H is different.

C. B, as the business owner of the D Child Care Center, filed an application for the cost of workplace skill development training for the reason that the workplace skill development training was conducted by the IMF from September 6, 2013 to November 16, 2013, and received a total of KRW 2,300,000 from the IMF’s branch, and E received a total of KRW 3,740,000 on the ground that the aforementioned training was conducted from November 22, 2013 to March 18, 2014.

On August 11, 2016, the Defendant: B and E, the business owner of the D Child Care Center, entrusted the training to the International Institute for Lifelong Education; provided false subsidies as if some trainees did not actually participate in the training and received subsidies for the costs of workplace skill development training by improper means; and accordingly, issued a disposition to refund subsidies for illegal receipt of training costs, additionally collect subsidies, and restrict subsidies and loans (hereinafter collectively referred to as the “instant disposition”).

[Dissenting] The fact that: (a) the amount subject to the period for additionally collecting the amount of illegally obtained subsidies and loans (such as KRW 2,300,000 4,600,000 from August 12, 2016 to January 19, 2017; (b) the fact that there is no dispute as to the amount subject to the period for additionally collecting the amount of unlawful subsidies and loans (such as KRW 2,300,000 E 3,300,740,000 E 3,740,740,480,000 from August 12, 2016 to May 3, 200, and 740,000 [Grounds for recognition], and subparagraphs A through 1.

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