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(영문) 광주지방법원 2018.05.10 2017구합12735

운영정지처분 등 취소

Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Details of the disposition;

A. The plaintiff A is the representative of the D Child Care Center in Gangnam-gun C, and the plaintiff B is the representative of the E Child Care Center in the same place.

B. On April 3, 2017, the Defendant: (a) deemed that the Plaintiffs violated the Infant Care Act, etc. on the following grounds; (b) deemed that the Plaintiffs violated the Infant Care Act pursuant to Article 40, 45, and 46 of the Infant Care Act; (c) rendered a disposition to suspend the qualification of the president for 1.5 months for the Plaintiff A; and (d) a disposition to recover subsidies of KRW 1,403,410 for the Plaintiff B; (c) a disposition to suspend the qualification of the president for three months; and (d) a disposition to recover subsidies of KRW 4,348

1. While working for Plaintiff AD childcare centers and working for eight hours a day, Plaintiff A received subsidies of KRW 6,237,380,00,00 for special work in agricultural and fishing villages, KRW 1,400,00 for improving the working environment of teachers, and basic childcare fees of KRW 4,067,380, including KRW 7,237,380, from May 201 to November 2016.

2. Although Plaintiff B, while working in Plaintiff B, did not work for eight hours a day, Plaintiff B was granted subsidies of KRW 19,326,790 for the total amount of KRW 19,326,790, including KRW 770,000 for special duty in agricultural and fishing villages, KRW 1,40,000 for the improvement of the working environment of teachers, and KRW 17,156,790 for government-funded personnel expenses, from May 2016 to November 2016.

C. The Plaintiffs appealed and filed an administrative appeal with the Jeonnam-do Administrative Appeals Commission. On July 27, 2017, the Jeonnam-do Administrative Appeals Commission changed each of the instant dispositions to the disposition on the grounds that each of the instant dispositions against the Plaintiffs was somewhat excessive, as to the Plaintiff A’s Disposition on the ground that the disposition on the instant case was rendered on July 27, 2017, and the disposition on the suspension of the qualification of the president for one month and the disposition on the suspension of the operation of the childcare center and the disposition on the recovery of subsidies of KRW 701,70, respectively.

[Ground of recognition] Unsatisfy, A No. 1.

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