보조금환수처분취소등
1. On October 30, 2015, the Defendant’s order to return KRW 29,587,790 granted to the Plaintiff shall be revoked.
2. The plaintiff.
1. Details of the disposition;
A. The Plaintiff is the representative and the president of the Dongducheon-si B Apartment-si, and the C Child Care Center in 104 Dong 102 (hereinafter “instant Child Care Center”).
B. On November 25, 2013, the Defendant issued an order to return subsidies of KRW 49,370,040, issued an order to close a childcare center, issued an order to close a childcare center, and issued a disposition to suspend the qualification of the head of the childcare center on the ground that the Plaintiff falsely registered the child and infant care teacher in the instant childcare center and received basic childcare
The plaintiff appealed against each of the above dispositions and filed an administrative appeal with the Gyeonggi-do Administrative Appeals Commission, and on May 14, 2014, the above commission rendered a ruling revoking each of the above dispositions on the ground that the defendant's calculation of the amount of subsidies recovered was erroneous.
C. The Plaintiff entered the childcare integration system from April 2012 to March 2013 by falsely entering the number of days present at the instant childcare center as if D, E, F, and G were present at the childcare center on at least 11th day of each month, and registered as if H and I were childcare teachers of the instant childcare center, thereby falsely registering KRW 29,587,790 (= children D, E, F, and G (hereinafter “instant children”).
) On January 28, 2015, a suspended sentence of two years was imposed on August 28, 2015 (Korean Government District Court Decision 2014No386), and the above judgment was finalized on February 5, 2015, on the following grounds: (a) a subsidy of full 28,607,790 won for basic infant care fees for H, I, and I for improvement of treatment and working environment for H, I; and (b) a subsidy of 980,000 won was granted in an unlawful manner.
On October 30, 2015, the Defendant issued an order to return subsidies of KRW 29,587,790 to the Plaintiff pursuant to Article 40 subparag. 3, 45(1)1, and 46 subparag. 4 of the former Infant Care Act (Amended by Act No. 11858, Jun. 4, 2013; hereinafter the same shall apply) on the ground of false registration of infant care teachers and children, and Article 38(1) and Article 39(2) of the former Enforcement Rule of the Infant Care Act (Amended by Ordinance of the Ministry of Health and Welfare No. 202, Aug. 5, 2013; hereinafter the same shall apply).