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(영문) 춘천지방법원 2015.08.28 2014구합4915

보조금환수처분 등 취소

Text

1. Paragraph 1 (Plaintiff) and 2-2 (2) indicated in the attached Form List of Administrative Dispositions against the Plaintiff on July 24, 2014 by the Defendant.

Reasons

Details of the disposition

As a social welfare foundation established to implement social welfare programs, the Plaintiff has established and operated social welfare facilities such as B (living facilities for persons with intellectual disabilities, 100), C (40 persons with severe disabilities, 40), D (Protection facilities for persons with disabilities, 10 persons with disabilities, 10 persons for less than 30 days), E (30 persons for vocational rehabilitation facilities for persons with disabilities, and 30 persons for fixed number).

(hereinafter referred to as “each of the foregoing facilities”. The Minister of Health and Welfare, around March 2014, notified the Defendant of an administrative disposition after conducting an audit of the instant facilities and notifying the Defendant of the administrative disposition. The Defendant, according to the above notification, issued a prior notice and the procedure for submitting opinions on July 24, 2014 with respect to the Plaintiff and the instant facilities.

(1) A disposition to be made against the Plaintiff is based on an order of improvement, the amount of unfair disbursement, 43,470,791 won in the account of support payments: Social Welfare Services Act; Article 40 of the Enforcement Rule of the Social Welfare Services Act; Article 26-2 of the Enforcement Rule of the same Act. < Amended by Presidential Decree No. 2614, Jul. 9, 2015; Presidential Decree No. 20354, Jul. 2, 2015; Presidential Decree No. 20357, Feb. 20, 2015; Presidential Decree No. 24477, Feb. 29, 2015; Presidential Decree No. 24477, Feb. 3, 2015; Presidential Decree No. 24477, Feb. 28, 2017>

(b) the disposition is also identical in respect of each other.

The grounds for the disposition of unfair payment of overtime work allowances: one person (G), 3,549,040 won: the improvement order, and the order of improvement and the order of redemption of KRW 3,549,040,040.