Employment & Labor UnionsAdministrative
Court upholds corrective order and fine in foreign trainee training fee case
The short answer: The court found the corrective order and fine lawful, so the request to cancel the measures was not accepted.
The court held that a corrective order and fine imposed on an executive of a vocational training corporation were justified. The reason given was that training fees were collected in advance from foreign worker trainees but the training course was not carried out.
Who this helps
This may help people wondering about administrative measures when training paid upfront by foreign worker trainees was not provided. It may also help those looking for a case where recruitment ads about length of stay were at issue.
Case overview
- Case number
- 2025구합5671
- Court
- Ulsan District Court
- Posted on original board
- Topic
- Employment & Labor Unions
- Original title (Korean)
외국인 노동자 연수생들로부터 훈련비를 선납받고도 연수과정을 이행하지 않고 모집과정에서도…
A corrective order and a fine were imposed on an executive of a vocational competency development training corporation. The reason was that training fees were collected in advance from foreign worker trainees, but the training course was not carried out. Another reason was that, when recruiting trainees, false or exaggerated advertising was made about matters such as the period of stay. A lawsuit was filed seeking to cancel these measures.
Can taking training fees upfront and not providing the training lead to a corrective order and fine?
A corrective order and fine were issued against an officer of a vocational training corporation. The reasons were that training fees were taken in advance from foreign worker trainees and the training was not provided. Another reason was that recruitment ads were false or exaggerated about matters such as length of stay. A lawsuit asked to cancel the measures, and the court found them lawful.
How the court ruled
The court held that the corrective order and the fine imposed on the executive of the vocational competency development training corporation were justified.
What to check in a similar situation
The reasons and content of the measures can be found in the written decision of the administrative agency that issued them. The court's reasoning can be found in the court's judgment.
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Terms explained
- Corrective order
- An order from an administrative agency to fix a wrongful situation.
- Fine
- A monetary penalty an administrative agency imposes for breaking a law.
- Vocational training corporation
- A corporation that provides training to build job skills. In this case, its officer received the measures.
- False or exaggerated advertising
- Ads that differ from the facts or overstate them. In this case, the issue was content about length of stay and similar matters.
More rulings on this topic
- Ruling on whether foreign instructors with a limited stay period became employees without a fixed term · Seoul Central District Court
- Court rules that renewing an employment contract without approval of an extension of the employment permit period does not keep the contract going · Ulsan District Court
- Ruling: Employment contract ends if only the contract is renewed without an extension of the employment permit period · Ulsan District Court
Frequently asked questions
Who received the measures?
A corrective order and fine were issued against an officer of a vocational training corporation.
How did the court rule?
The court found the corrective order and fine lawful.
Does this result apply as is to similar cases?
This ruling is a decision on that particular case and does not apply as is to other cases.
Source and original
Source: Republic of Korea Courts, Major Rulings of Courts Nationwide
View original ↗https://www.scourt.go.kr/portal/dcboard/DcNewsViewAction.work?seqnum=28499&gubun=44
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