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(영문) 서울행정법원 2018.01.19 2017구합62518

환수금 부과처분 취소 청구의 소

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1. Of the primary claims of the instant lawsuit, the Defendant’s actual usage fee of KRW 13,490,000 for the Plaintiff on May 15, 2017 and the actual usage fee of KRW 13,490.

Reasons

Details of the disposition

The Plaintiff is a school juristic person operating C University, etc., and entered into an agreement with the Defendant on the entrustment of operation of B-Gu Healthy Family Support Center and Multicultural Family Support Center (hereinafter “instant entrustment agreement”), operated B-Gu Healthy Family Support Center from June 1, 2006 to February 1, 2017, and operated B-gu Multicultural Family Support Center from January 1, 2010 to February 2, 2017 (hereinafter “instant center”).

Around November 2016, the Defendant issued occasional guidance and inspection to the instant center, and notified the Plaintiff of the following points and measures on December 6, 2016.

Article 5 (Organization and Operation Ordinance of the Healthy Family Support Center(Organization and Organization of the Healthy Family Support Center) of the details of the measures pointed out, and Article 5 (Organization) of the former Ordinance on Full-Time, Noncompliance with the Detailed Guidelines for Operation of Healthy Family Support Center(Article 12 of the Agreement, Termination of the Agreement) - Article 12 (2) 4 of the Agreement: Where a corporation fails to comply with or violates the detailed guidelines for operation of Healthy Family Support Center(Article 6 (3) of the Agreement, etc., employees are in violation of the relevant Acts and subordinate statutes and the Guidelines for Operation of Healthy Family Support Center of the Ministry of Gender Equality and Family). The head of the Center shall order the appointment of the Center from the date of appointment of the Head of the Center to the date of the appointment of the Head of the Center, and the Regulations for the Service of the Person under Article 6 (Organization) of the former Ordinance on the Organization and Operation of Healthy Family Support Center(Organization) of the Ministry of Gender Equality and Family(Article 5 (2) of the Agreement).