영업정지 등 처분 취소청구
1. The Defendant’s business suspension disposition against the Plaintiff on June 24, 2019 and the restitution disposition of KRW 70,947,500 shall be taken.
1. Details of the disposition;
A. The Plaintiff is the representative of “B Center” that provides social services (child emotional cultivation services) under the Act on the Use of Social Services and the Management of Vouchers (hereinafter “Social Services Act”).
B. On May 9, 2019, the Defendant conducted occasional inspections on the actual status of the operation of the B Center pursuant to Article 32 of the Social Services Act.
During the above inspection, the defendant was a beneficiary C of social services who left Korea.
On January 31, 2019, the Bab Card confirmed that the settlement was made, and demanded the Plaintiff to submit C’s records of the provision of the relevant date service.
(c)
Although the Plaintiff submitted C’s report on the provision of the service, the Defendant deemed that the data were insufficient and demanded to submit all data on the provision of social services, such as the service use agreement and the record paper for all users falling under the entire period of inspection ( November 1, 2018 - April 30, 2019).
The plaintiff submitted only a part of the requested data.
(d)
The defendant reviewed the documents submitted by the plaintiff and received the cost of providing the service without providing legitimate services, where it is impossible to verify the data on the job site among 161 total number of beneficiaries falling under the period subject to inspection (in the case of failure to prepare a service record book or to prepare a service contract).
In this regard, it was determined as unfair profit.
E. On May 21, 2019, the Defendant sent a prior notice of disposition. On June 24, 2019, following the Plaintiff’s additional vindication, etc., the Defendant notified the Defendant of a disposition, the content of which is to recover KRW 6 months of business suspension and KRW 70,947,500 (hereinafter “instant disposition”).
The specific contents are as follows:
(Omission) Disposition of an administrative disposition order: The primary and secondary warnings (uncompliance with the standard information) based on the failure to comply with the standard information - Article 19 (7) 1 of the Social Services Act: Social services are not provided.