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(영문) 수원지방법원 2016.08.24 2015구합71656

과징금부과처분취소 등

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 the representative and the president of the Suwon-si, Youngwon-si B, 101 Dong 102, C Child Care Center (hereinafter “instant Child Care Center”).

B. D worked as infant care teacher at the instant child care center from August 11, 2014 to December 201, 2014; E from September 1, 2014 to January 29, 2015; and F from January 20, 2014 to December 20, 2014, respectively.

C. On November 13, 2015, the Defendant made a false report to the Plaintiff on the reduction of treatment costs, additional support costs for the improvement of treatment, and basic childcare fees on the ground that the Plaintiff did not comply with the minimum wage for D, E, and F (hereinafter “D, etc.”), which is part-time teacher for at least eight hours a day, and received the Plaintiff illegal payment of treatment improvement costs, additional support costs for the improvement of treatment, and basic childcare fees under Article 40 subparag. 3, Article 45(1)1, Article 45-2(1), and Article 46 subparag. 4 of the Infant Care Act (the portion on D, etc.), basic childcare fees of KRW 3,430,00 (the portion on refund of treatment improvement costs, etc.), basic childcare fees of KRW 5,518,120 (D), 12,60,000,000, and the president of each of the instant disposition (hereinafter “the instant disposition of suspension of qualifications, etc.”).

[Reasons for Recognition] Facts without dispute, Gap evidence 1, Eul evidence 4-1 and Eul evidence 4-2, the purport of the whole pleadings

2. Whether each of the dispositions of this case is legitimate

A. Each of the instant dispositions asserted by the Plaintiff is unlawful for the following reasons.

1) The treatment improvement expenses and additional support expenses (hereinafter “treatment improvement expenses, etc.”) are subsidies granted to “a person who has worked as a reflect teacher for at least 15 days a month (at least 30 hours a week)” and “at least 8 hours a day” constitutes “at least 8 hours a day.”