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The plaintiff's claim is dismissed.
Litigation costs shall be borne by the plaintiff.
Reasons
1. Details of the disposition;
A. The Plaintiff is a business owner operating “C Child Care Center” in Seo-gu Incheon Metropolitan Government B.
B. The Plaintiff concluded an entrustment training contract with the E (E), which is a vocational skills development training institution run by D (hereinafter “E”) and its infant care teachers, and entrusted three of its infant care teachers to the 16 training courses, including “3 times from May 2, 2013 to October 4, 2013” (11.5 to 13 April 2013).
C. The Plaintiff was compensated for KRW 4,474,666 of the training expenses subsidy pursuant to Article 27 of the Employment Insurance Act by preparing and submitting to the Human Resources Development Service of Korea a document that met the requirements for completing the consignment training and paid the subsidy for the training expenses.
[In accordance with Article 8 of the Regulations on Supporting Workplace Skill Development Training for Business Operators (Notice of the Ministry of Employment and Labor), if a business owner intends to receive subsidies for training expenses, he/she shall attend at least 80% of training hours and complete the relevant training course]
In the course of the investigation into E, which is an entrusted driving force agency, the Incheon Bupyeong Police Station: (a) prepared a false statement as if the business owner of 168 childcare centers, including the Plaintiff, did not pre-paid training expenses; and (b) notified the Defendant that the childcare teacher did not complete training for at least 80% and received training expenses subsidies as if all were received.”
E. Accordingly, on April 22, 2016, the Defendant sent a letter to the Plaintiff stating that in the case of “voluntary report” under Article 22-2(1)3 of the Enforcement Rule of the Act on the Development of Workplace Skills of Workers, the amount to be additionally collected may be reduced in whole or in part in addition to the amount to be refunded, and operated the voluntary report period from April 25, 2016 to May 10, 2016, but the Plaintiff did not comply therewith.
In addition, on June 9, 2016, the defendant notified the plaintiff of an administrative disposition and provided the plaintiff with a guidance to present his/her opinion by June 15, 2016, but the plaintiff's opinion.