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(영문) 의정부지방법원 2018.09.06 2017구합13740

시설폐쇄처분 취소

Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. Details of the disposition;

A. The plaintiff was issued a certificate of completion of report by the defendant on March 11, 2008 as a sanatorium for persons with severe disabilities operated by a social welfare foundation B established on July 2, 1993.

B. A social welfare foundation B changed its trade name to a social welfare foundation C (hereinafter “C”) and the registration of change was completed on July 14, 2009.

C. On February 1, 2017, the Defendant submitted a resignation document to C and stated that the Plaintiff’s agent for the head of the Plaintiff’s facility and the head of the facility at the time of the disposition, and that the Plaintiff used the subsidies or donations of the State or local governments for any purpose other than the original purpose, failed to record or falsely record the accounting books, did not establish or operate an operating committee under Article 36(1) of the Social Welfare Services Act, and rejected, interfered with, or evaded, an inspection or questioning under Article 62 of the Welfare Act, Article 40(3) of the Social Welfare Services Act, and Article 26-2 of the Enforcement Rule of the same Act [Attachment Table 4] of the same Act.

The plaintiff appealed to this and filed an administrative appeal with the Gyeonggi-do Administrative Appeals Commission, and the Gyeonggi-do Administrative Appeals Commission dismissed the appeal on July 10, 2017.

[Ground of recognition] Facts without dispute, entry of Gap evidence 2 through 6 (including branch numbers, if any) and the purport of the whole pleadings

2. Judgment on the Defendant’s defense prior to the merits

A. The defendant's assertion is merely a welfare facility for the disabled operated by C, a social welfare foundation.

Therefore, the instant lawsuit is unlawful.

(b) judgment;