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(영문) 부산지방법원 2017.09.29 2017구합2234

보조금집행잔액반납처분취소

Text

1. On March 20, 2017, the Defendant’s execution balance of subsidies for non-subsidies for operation of the Social Welfare Center for the Plaintiff on March 20, 2016.

Reasons

1. Details of the disposition;

A. The Plaintiff is operating a social welfare center with the Defendant’s operating subsidy from the Defendant, which is a social welfare foundation operating the Pakistan comprehensive social welfare center, the Pakistan new medical care institution, the Pakistan new local children’s center, the Pakistan new child care center, and the Pakistan new kindergarten in Busan Metropolitan City, and the Defendant receives the total budget subsidy from the Busan Metropolitan City to deliver it to the social welfare foundation, such as the Plaintiff.

B. On January 11, 2016, the Defendant sent to the Plaintiff a certificate of support for the operation of the Social Welfare Center and a statement of budget notification in 2016, and the Defendant’s official document sent to the Plaintiff stated that “the Defendant shall strictly separate and enforce personnel expenses and operating expenses when executing the subsidy and endeavor not to use them for any purpose other than its original purpose,” along with the statement that “the Defendant shall not use them for the purpose other than its original purpose.” In addition, the Defendant attached the Si Subsidy Support Plan formulated by

C. On January 20, 2016, the Plaintiff applied for the grant of the subsidy to the Defendant in 2016, and the items related to the expenses under the project plan for the operation of the Pakistan General Social Welfare Center attached to the Plaintiff’s application for the grant of the subsidy were written separately from the personnel expenses and operating expenses.

On January 2016, Busan Metropolitan City notified the Defendant of the decision to grant a subsidy, stating that “The decision to grant a subsidy may be revoked if the subsidy is used for any other purpose, and the return of the subsidy may be ordered if the subsidy was executed without complying with personnel expenses and operating expenses, even though the subsidy was separately granted.”

On January 20, 2016, the Defendant: (a) granted a social welfare center operating subsidy on January 20, 2016 to the Plaintiff; (b) attached a notice of the decision to grant a subsidy notified by Busan Metropolitan City to the Defendant; and (c) prevented the use of the subsidy for purposes other than those designated as a condition for

Since then, the defendant shall do so to the plaintiff once a month.