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(영문) 대구고등법원 2016.03.18 2015누6805

보조금반환명령등처분취소

Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

1..

Reasons

1. The Plaintiff initially filed a claim with the Plaintiff to the effect that both the Defendant’s order of return of subsidies and the disposition of imposition of penalty surcharges and the disposition of suspension of qualification for the president’s qualification for three months on March 12, 2015, the court of first instance cited the Plaintiff’s request for revocation of the above order of return of subsidies and dismissed the remainder of the claim.

As the plaintiff appealed, the scope to be tried by this Court is limited to the imposition of the penalty surcharge and the cancellation claim of the president's suspension of qualification for three months.

2. Details of the disposition;

A. The Plaintiff is establishing and operating the “C Child Care Center” in Daegu-gu B (hereinafter “C Child Care Center”).

B. Under Article 36 of the Infant Care Act, the Defendant support the Defendant’s basic infant care fees for each age in child care centers in which infants aged between 0 and 2 are nurtured (the age of 361,000, the age of 174,000, the age of 174,000, and the age of 115,000).

If the head of a child-care center enters and determines the current status of the use of financial resources for infants (number of days of attendance) by the last day of the preceding month in the child-care center support system, the basic child-care fees per month shall be differentiated in the child-care center (100% for at least 11 days of attendance, 50% for 6-10 days of attendance, and 25% for 1-5 days of attendance) depending on the number of days of attendance of each infant

A child-care center shall organize a Ban in accordance with the ratio of the number of children to the school teacher (1:7 in the case of more than 1:5 and more than 1:7 in the case of more than 1:7 in the case of infant-care, and 1:9 in the case of more than 2:7 in the case of infant-care, and the Si/Gun shall pay basic infant-care fees within the scope of the maximum number of persons to be paid by

C. The details of the Guidelines for Child Care Services Guidance published by the Minister of Health and Welfare in 2014 (hereinafter “Guideline”) pertaining to the collection of basic infant care fees are as follows:

(f) Redemption in the event of subsidization of the basic childcare fees by a false report on recovery - Where basic childcare fees are subsidized by falsely reporting children or teachers, the relevant team paid in the relevant month (including a union in which children or teachers are registered).