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(영문) 광주고등법원(제주) 2016.10.19 2015누372

공공형지원금소급지급거부처분취소

Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

purport.

Reasons

1. The reasoning of the court's explanation concerning this case is as follows, except for the dismissal of part of the judgment of the court of first instance or addition of part of the judgment, and therefore, it is identical to the reasoning of the judgment of the court of first instance. Thus, it is acceptable to accept this as it is in accordance with Article 8 (2) of the Administrative Litigation Act and Article 420 of the Civil Procedure

2. In the judgment of the first instance court, each “ Jeju Market” of HS Heading 3 and 4, each of the “Defendant,” each of the “Defendant,” and the “Defendant,” of HS Heading 4, 7, and 7, each of the “Defendant,” and the “instant disposition,” of HS Heading 7, 13, each of the “instant notice,” and each of the written judgment of the first instance court, each of the “instant notice,” respectively.

2.(b)

(3) The end of Article 36 of the Early Childhood Education Act provides that the State or local governments may fully or partially subsidize expenses incurred in child care services, as prescribed by Presidential Decree. Article 24(1) of the Enforcement Decree of the Infant Care Act provides that the State or local governments shall fully or partially subsidize expenses incurred in child care services, such as expenses incurred in the establishment, extension, improvement, and repair of child care centers, and Article 24(2) of the Enforcement Decree of the Infant Care Act provides that the Minister of Health and Welfare or the head of the relevant local government shall determine the method of subsidization

In addition, according to the Ministry of Health and Welfare's guidelines related to public child care centers (the details of child care business guidance in the certificate No. 46 or the public child care center business guidance in the certificate No. 46) of Ministry of Health and Welfare, subsidies or operating expenses shall be differentiated depending on the size and number of child care centers, and as long as an application for selection of public child care centers was filed, separate application for subsidies is unnecessary, but the details of payment of operating expenses automatically generated through the child care integration system are confirmed by the competent local government each month.