사업정지 보조금환수처분 취소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Details of the disposition;
A. From December 10, 2012, the Plaintiff is operating a regional child center in Gwangju Northern-gu B (hereinafter “this case center”).
B. On November 1, 2018, the Defendant rendered a disposition to recover subsidies of KRW 6 months and KRW 122,454,500 (hereinafter collectively referred to as “instant disposition”) to the Plaintiff on the ground that “the Plaintiff falsely reported the child who closed the use of the instant center as a child and received the basic operating expenses and meal expenses unjustly.”
[Ground of recognition] Facts without dispute, entry of Gap evidence 2 to 6, purport of whole pleadings
2. The plaintiff's assertion
A. The Plaintiff was unable to report the relevant child as the closed child due to the failure of the user’s intent to terminate the use even if the user’s child was not present. As of the fifth day of a week, the criteria for granting the operating subsidy to the user’s child who attended at least 70% of the monthly operating days are inconsistent with the reality. The details verified by the Defendant as the closed child is not reliable. Thus, the Plaintiff did not receive the basic operating subsidy by fraud or other improper means.
B. The Plaintiff was expected to attend the next day even if a child was not present and prepared to provide meals, and thus did not receive subsidies for meal costs by fraud or other improper means.
C. In light of the fact that the Plaintiff faithfully operated the instant center, and the damages incurred to children and employees using the instant center due to the instant disposition, the instant disposition was abused and abused discretion.
3. Attached statements to the relevant Acts and subordinate statutes;
4. Whether the disposition is lawful.
A. According to the Ministry of Health and Welfare’s business guidance for supporting local child centers in 2012-2018, the above number of children shall be calculated as children who have attended at least 70% of the monthly operating days as of the fifth day of a week, and local child centers shall be calculated as those who have attended at least 20% of the monthly operating days.