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(영문) 부산지방법원 2020.01.30 2019구합24085

과징금 등 부과처분취소 청구의 소

Text

1. The plaintiff's claim is dismissed.

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

Reasons

Details of the disposition

The plaintiff establishes and operates the "A Child Care Center" (hereinafter referred to as the "Child Care Center of this case") in Geumcheon-gu, Busan.

C served as infant care teachers in this case from December 13, 2018 to February 27, 2019.

Although C actually worked for six hours from 09:00 to 16:00 (excluding one hour of closure) of the instant childcare center, D, the head of the instant childcare center, registered false details in the childcare integration system as if C had worked for eight hours a day, and the Plaintiff was granted a total of KRW 5,237,890 from the Defendant during the period from January 24, 2019 to March 7, 2019 as personnel expenses and working environment improvement expenses.

On October 1, 2019, the Defendant issued a disposition of imposition of KRW 30,00,000 in lieu of the year of recovery and suspension of operation of KRW 5,237,890 on the ground that the Plaintiff violated “the payment of subsidies of KRW 5,237,890 unfairly due to false registration of childcare teachers’ working hours.”

(2) The Plaintiff’s disposition of this case as to the legitimacy of the disposition of this case as to the following facts: (a) there is no dispute; (b) Gap’s evidence Nos. 1 through 4; and (c) Eul’s evidence Nos. 1 through 1 and 3; and (c) the purport of the entire argument is legitimate.

① Working environment improvement costs of KRW 560,00 should be excluded because the Defendant paid the child care teacher C directly. ② Labor costs of KRW 1,000,000 equivalent to two hours of false service should be deemed to be the amount of illegal receipt. As such, the Defendant’s disposition that set the period of suspension of operation of the child care center of this case based on the amount of KRW 5,237,890 is unlawful.

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