1. The plaintiff's claim is dismissed.

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

Details of the disposition

On November 26, 2013, the Plaintiff was a corporation established for the purpose of “education, training, etc. for workers engaged in assembling and dismantling temporary structures, such as a rain system,” and was designated as an institution for work for harmful and dangerous work (type: soil string, string, assembling and dismantling a rain, and 30 trainees: 30 trainees) pursuant to Article 47(2) of the Occupational Safety and Health Act and Article 5(3) of the Rules on the Restriction on Employment of Harmful and Dangerous Work (hereinafter “instant Rules”) from the Defendant on January 24, 2014; and thereafter, on March 28, 2016, the Plaintiff was designated as an institution for work for harmful and dangerous work (change) by changing the number of trainees on March 28, 2016.

The Defendant designated the Plaintiff as an educational institution for harmful and dangerous work, conducted a field investigation on the Plaintiff’s educational facilities, equipment, etc. located in Gangseo-gu Busan Metropolitan City, and confirmed that the Plaintiff had facilities and equipment as stated in the column for holding “facilities and equipment” as stated in the attached Form No. 4 of Article 4(1) of the instant Rules. The Defendant designated the Plaintiff as an educational institution on the ground that the soil breath stipulated in the standards for facilities and equipment in the attached Table No. 4(1) of the instant Rule satisfies the standards for facilities and equipment necessary for training for assembling and dismantling skills.

The Plaintiff entered into a business agreement with C Co., Ltd. (hereinafter referred to as “C”) on December 26, 2017, and from January 25, 2018, the same year.

3. From the third floor of the Guro-gu Seoul Metropolitan Government D Building (hereinafter “instant business trip education place”) leased by C until December 27, 200, 30 to 59 trainees recruited by C, and 400 to 40 persons. Educational facilities operated at the time are 36.5 square meters for practical training place (in-house) and 280 square meters for practical training place (in-house), 36.5 square meters for practical training place (in-house) and 280 square meters for practical training place (in-house), 13.2 square meters for tools room, and 30.1 square meters for materials room as stipulated in attached Table 4 of Article 4(1) of the instant Rule.