beta
(영문) 대구지방법원 2017.04.18 2017구합20196

보조금지급거부처분취소

Text

1. The claim of this case is dismissed.

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

Reasons

1. Details of the disposition;

A. The Plaintiff is a corporation established by C for the purpose of providing medical treatment, protection, and rehabilitation services for the disabled and mentally ill persons under the Act on Welfare of Persons with Disabilities and the Mental Health Act, and was established and operated on September 26, 197, and operated on September 26, 197.

B. C was operated from September 26, 197 to January 10, 191, which is the date of establishment B, from September 26, 197 to September 30, 1991, from September 30, 1991, from September 30, 1991, from September 30, 201, from September 30, 201, from September 30, 201 to September 1, 201, from the date following the date of establishment of C, and from January 5, 1982, from January 5, 1982, which is the date of establishment of C’s spouse.

C. On January 13, 2017, the Plaintiff requested the Defendant to pay F personnel expenses, the head of the facility B. However, on January 19, 2017, the Defendant respondeded to the Plaintiff on January 19, 2017, that “The maximum age of subsidies for the head of the facility is 65 years old in accordance with the guidelines for guidance on the management of the social welfare facility in 2016 by the Ministry of Health and Welfare, and that the special provisions (the maximum age of 70 years is not applicable) shall not apply where one of the lineal family members of the founder is employed as the head of the facility after January 1, 2002 while he/she was employed as a non-head of the facility.”

(hereinafter “instant disposition”) D.

The Minister of Health and Welfare established and implemented on January 1, 2002 under the “Maximum Standards for the Payment of Subsidies for Personnel Expenses for Persons Engaged in Social Welfare Facilities (including the head of a facility)” (hereinafter the “Criteria in this case”), the personnel expenses of the head of a facility shall be paid only by the age of 65,00, but the maximum of the age for the payment of subsidies for personnel expenses shall be set as 70 years, with the special provision on January 1, 2002 only for one of the lineal family members

【Facts without dispute over the grounds for recognition, entry of Gap evidence 1 through 11, the purport of the whole pleadings

2. Summary of the Plaintiff’s claim.