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(영문) 서울행정법원 2018.11.28 2017구단73443 (1)
부정수급액반환명령등취소
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Circumstances of each disposition of this case;

A. The Plaintiffs (hereinafter referred to as the “instant training”) concluded a contract for workplace skill development training for the number of trainees in the table “training” among the Plaintiffs’ employees as shown in the attached Table (hereinafter “the attached Table”) between E Co., Ltd. or F Co., Ltd. (hereinafter referred to as “G”), which is a company recognized as a workplace skill development training course for taxi passengers, and concluded a contract for workplace skill development training for the number of trainees in the table “training number” among the Plaintiffs’ employees (hereinafter “the instant training”). When indicating a part of the training, each Plaintiff entered into a contract for workplace skill development training for the number of trainees “the number of trainees completing” in the table “the table” (hereinafter referred to as “the number of trainees in the instant case”) under normal training, and received subsidies as if the number of trainees indicated in the table “number of trainees” (hereinafter “the attached Table”) meet the standards for completing distance training (hereinafter “the “standards for completing the training”).

B. The Defendants stated in the table “disposition” column against the Plaintiffs on the grounds that “the instant trainees did not undergo training, and did not meet the standards for completion, and the Plaintiffs applied for subsidies to the Human Resources Development Service of Korea,” and that they received subsidies. ① The former Act on the Development of Workplace Skills of Workers (amended by Act No. 13902, Jan. 27, 2016; hereinafter “Act on the Development of Workplace Skills”) was enforced from July 28, 2016; hereinafter “Enforcement Rule of the Act on the Development of Workplace Skills of Workers”) and Article 2 and [Attachment Table 6-2] of the Enforcement Rule of the Act on the Development of Workplace Skills of Workers (hereinafter “Enforcement Rule of the Act on the Development of Workplace Skills”). ② Ordering the Plaintiffs to return the amount equivalent to the subsidies received by the Plaintiffs pursuant to Article 56(2) of the same Act, and ③ Article 56(3)2, (5), and (5) of the same Act.

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