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(영문) 광주지방법원 2014.07.17 2014구합10264

보조금반환명령등처분 취소

Text

Plaintiff

A's lawsuit shall be dismissed.

Plaintiff

B The claim is dismissed.

The costs of lawsuit shall be borne by the plaintiffs.

Reasons

1. Basic facts

A. The Plaintiffs’ status C Child Care Center is a founder and operator of C Child Care Center, which is a social welfare foundation under Article 10 subparag. 2 of the former Infant Care Act (amended by Act No. 11858, Jun. 4, 2013; hereinafter the following) located in D at all times.

Plaintiff

A is the representative of a social welfare foundation C Child Care Center, and the plaintiff B is a person who serves as the director of C Child Care Center from June 13, 201 to June.

B. On March 6, 2014, the Defendant, such as the Defendant’s disposition to return subsidies, issued the following dispositions against C Child Care Centers and Plaintiff B:

(1) Article 40 of the former Infant Care Act (amended by Act No. 1030, Apr. 11, 2014); Article 45 of the former Infant Care Act (amended by Act No. 1030, Apr. 11, 2014); Article 45 of the former Infant Care Act (amended by Act No. 1303, Apr. 11, 2014); Article 161,863,462, which was received from users of the closed child care center C to February 29, 2016; Article 103,510 of the Enforcement Decree of the Infant Care Act (amended by Act No. 13155, Apr. 11, 2014); Article 25 of the former Infant Care Act (amended by Act No. 1617, Mar. 1, 2015; Act No. 14620, Feb. 29, 2016); Article 30 of the Financial Accounting Rules (1)

The fact that there is no dispute over the disposition to suspend the operation expenses of KRW 161,863,462 for one year (from May 1, 2014 to April 30, 2015) of the head qualification under Article 46 of the former Infant Care Act (based on recognition) (based on recognition) of the Plaintiff B Infant Care staff by falsely registering the Plaintiff B Infant Care staff with the account for operating expenses of KRW 161,863,462, and receiving KRW 103,30 from January 1, 2008 to May 31, 2013.