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(영문) 서울행정법원 2018.01.12 2016구단51576
훈련비용 부지급 처분 취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Details of the disposition;

A. The Plaintiff is operating the C Education Center on the fiveth floor of Gangnam-gu Seoul Metropolitan Government B building (hereinafter “instant Education Center”).

B. As indicated below, the Plaintiff was recognized as the occupational ability development training course under Article 19(1) of the Act on the Development of Workplace Skills of Workers (hereinafter “Vocational Skills Development Act”).

On February 2, 2015, the date of recognition of the training course Nos. 1 and the date of recognition of the training course, the measurement of human emotional behavior on February 2, 2015 and the evaluation thereof on September 3, 2014, shall be July 30, 2013.

On July 8, 2015, the Defendant notified the Plaintiff that the process of workplace skill development training, such as measurement and evaluation of human emotional behavior, is reserved on the ground that the Plaintiff was found to have failed to implement the training course as recognized. D.

After conducting an occasional guidance and inspection against the instant education institute, the Defendant revoked the recognition of the occupational ability development training course for the said two training courses on Nov. 11, 2015 on the ground that the Plaintiff conducted training in violation of the purpose of training in relation to the material facts of the training course, and ordered the Plaintiff to return the subsidy received.

E. The Plaintiff filed a claim for the payment of subsidies with the Defendant as indicated below, but the Defendant rendered a site pay disposition on November 12, 2015 (hereinafter “instant disposition”) on the same grounds as indicated in the “reasons for Additional Payment” column as indicated below.

On June 2, 2015, the training courses were not conducted as recognized from March 21, 2015 to May 29, 2015, and the order to cancel the recognition and to return the illegally received amount was issued on November 11, 2015.

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