beta
(영문) 대전고등법원(청주) 2016.12.07 2016누10078

보조금반납처분취소

Text

1. Revocation of a judgment of the first instance;

2. The Defendant’s disposition of returning subsidies against the Plaintiff on August 25, 2015 shall be revoked.

Reasons

Details of the disposition

On June 28, 1993, the social welfare foundation H (hereinafter “instant corporation”) established and operated D childcare centers (hereinafter “instant childcare centers”) which are social welfare facilities in Seo-gu, Seo-gu, Seo-gu, Seo-gu, Seo-gu, Seoul (hereinafter “instant childcare centers”).

The State and local governments established the “Maximum Standard for the Subsidies for Personnel Expenses of Workers in Social Welfare Establishment” (hereinafter referred to as the “Standards in this case”) to pay the subsidies for the personnel expenses of the heads of social welfare facilities by the age of 65, and enacted the same from January 1, 2002, and set the special cases to pay the subsidies for the personnel expenses of the heads of facilities in the age of 70 to the founders who hold office as of the enforcement date. However, the heads of facilities established or newly employed after the enforcement date

The representative of the instant legal entity, who was appointed as the president at the time of the establishment of the instant childcare center, was a person eligible for the instant special exception, who would receive a subsidy for personnel expenses until June 2019, from B students to 70 years of age.

On July 12, 2012, the petitioner head of the Gun made a request to the Plaintiff for the issuance of a request for the modification of the content of changing the head of the child care center of this case to the person who will act for the suspension period of qualification (hereinafter referred to as “instant disposition of suspension of qualification”), for one month from August 1, 2012 to September 15, 2012, on the ground that “child care fees not using the child care center due to overseas stay have been unduly claimed” (hereinafter referred to as “child care fees”).

On August 2, 2012, the petition Gun received an application from the Plaintiff to change the head of the childcare center of this case from the Plaintiff to Girs F, and approved the change of the head of the childcare center of this case to F, but approved the change to the Plaintiff again on September 17, 2012, after the suspension period of qualification of this case expired.

On July 1, 2014, the defendant was incorporated into the Cheongju-si, and the rights and duties of the petitioner Gun are the rights and duties of the petition Gun.