beta
(영문) 서울행정법원 2018.05.31 2017구합81281

어린이집 보조금반환 및 폐쇄명령처분 취소청구

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 of the C Child Care Center located in Songpa-gu Seoul Metropolitan Government (hereinafter “instant Child Care Center”); D, the Plaintiff’s wife, is a holder of the certificate of infant care teacher (Grade 1). From March 2, 2012 to February 2016, the Plaintiff was appointed and reported to the Defendant as the child care teacher of the instant Child Care Center.

B. On March 7, 2016, the Defendant received a civil petition report that child abuse occurred at the child-care center of this case, conducted guidance and inspection, and requested the Seoul Songpa Police Station to investigate D, etc.

Accordingly, on February 24, 2016, the Seoul Song-gu Police Station sent it to the Seoul Eastern District Prosecutors' Office a prosecution opinion on the fact that "F, who is an E-Wing teacher, committed physical and mental abuse on 45 occasions on 2016, such as attaching the neck of the victim G, neglected to exercise due care and supervision over this, and D, the president, neglected to receive subsidies of KRW 5,070,000 over 24 times from March 2015 to February 2016." On April 12, 2016, the Defendant notified the above facts to the Defendant.

C. On May 25, 2016, the Defendant issued an order to return subsidies of KRW 5,100,000 and imposed a penalty of KRW 30,00,00,00 on the Plaintiff, the representative of the instant childcare center, on the ground that “D unlawfully received subsidies, such as school building work environment improvement expenses, treatment improvement expenses, welfare expenses, etc., from March 2015 to February 2016.”

Meanwhile, on October 24, 2016, the Anti-Corruption and Civil Rights Commission, upon receipt of a report that “D illegally received the national subsidy from March 2012 to February 2016, upon receipt of the report,” shall refer the said report to Seoul Special Metropolitan City on the ground that “D’s act is confirmed as only the fact from March 2015 to February 2016, and take measures to recover KRW 5,100,000 from the investigation by Seoul Special Metropolitan City and Songpa-gu, but it is confirmed as additional from the prosecutor’s investigation to February 2016, it is necessary to investigate the fact that 5,202,940 won of childcare center subsidies were illegally received.” The Seoul Special Metropolitan City shall undergo on-site inspection, etc.