시설장 급여 반납 통지 취소
1. All of the instant lawsuits are dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Details of the disposition;
A. The Plaintiff is a social welfare foundation established for the purpose of child-care projects, and is establishing and operating a B child-care center.
B. On June 27, 2012, C, the representative director of the Plaintiff and the head of B Infant Care Center, was convicted of two years of imprisonment and three years of suspended execution (Seoul High Court 2012No2244) on the grounds of the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Misappropriation), occupational embezzlement, occupational breach of trust, etc. against the Plaintiff. However, the appeal was dismissed on August 31, 2012, and the said conviction (hereinafter “instant judgment”) became final and conclusive on September 8, 2012.
C. On May 1, 2013, the Defendant issued a notice to the Plaintiff on the return of the facility funeral benefits (hereinafter “previous disposition”) to the effect that “The Plaintiff shall not be paid to C, whose qualification as the head of the social welfare facility was suspended by the instant judgment pursuant to Article 35(1) and (2) of the former Social Welfare Services Act (amended by Act No. 13996, Feb. 3, 2016; hereinafter the same) from August 2012, 2012, the Defendant returned the total amount of personnel expenses paid from around August 10, 2012 to May 10, 2013.”
On January 29, 2014, the Plaintiff filed an appeal seeking the revocation of the previous disposition with Suwon District Court 2013Gudan11264, and the said court rendered a judgment in favor of the Plaintiff on the ground that “the Defendant’s failure to sufficiently present the grounds and reasons for the disposition in the course of the previous disposition pursuant to Article 23 of the Administrative Procedures Act” was unlawful.
E. Since August 25, 2015, the Defendant issued a hearing procedure to the Plaintiff on August 25, 2015, pursuant to Articles 35, 7(3), and 42 of the former Social Welfare Services Act and Article 33-2 of the former Subsidy Management Act (amended by Act No. 13931, Jan. 28, 2016; hereinafter the same), the period during which the Plaintiff is disqualified from the qualification for the head of the B Infant Care Retirement Facility C following the determination of the sentence of the B Infant Care Facility C.