보조금 반환 명령 취소 등
1. The plaintiff B's lawsuit shall be dismissed.
2. The plaintiff A's claim is dismissed.
3. The costs of the lawsuit.
1. Details of the disposition;
A. The Plaintiff corporation is a social welfare foundation that manages and operates “C”, which is a social welfare facility for the purpose of child welfare services, etc., and the Plaintiff B is the head of the C’s facility.
B. The Plaintiff corporation has received subsidies from the Defendant as the operating expenses of C. As a result of the Defendant’s audit of C, the Defendant notified the Plaintiff corporation of the fact that, under Article 17 of the Subsidy Management Act (hereinafter “Subsidy Act”) and Article 6 of the former Ordinance on the Management of Subsidies for Ansan-si Subsidies (amended by Ordinance No. 1091, Jan. 7, 2015; hereinafter the same) on July 16, 2014, the payment of the portion corresponding to the personnel expenses of the Plaintiff B of the above subsidies was suspended until the final result of the inspection by the investigating officer of the Gyeonggi-do Office for the violation of the obligation to work for the head of the facility until the result of the audit by the Plaintiff Company’s final inspection by the Director of the Investigation Office of Gyeonggi-do on the violation of the obligation to work for the head of the facility.
C. After that, the Defendant: (a) violated the full-time duty of the head of the facility as above; (b) on the ground that the Plaintiff Company used the amount equivalent to 11,754,480 won out of the subsidies paid by the Defendant for the living expenses in 2014 for children subject to protection as heating fuel expenses for other purposes than the original purpose of payment; (c) on November 6, 2014, after undergoing the hearing procedure under Article 21(2) of the Social Welfare Services Act; and Article 33-2 of the Subsidy Act, the Plaintiff Company replaced the head of the facility “(A)” to the Plaintiff Company pursuant to Article 40(1) of the Social Welfare Services Act and Article 33-2 of the Subsidy Act; (b) return the subsidies for operating expenses paid for the first half of the year 2014 (from January 2, 2014) to the Defendant for living expenses; and (d) return the amount of 11,754,480 won as heating fuel costs during the living expenses (hereinafter “instant order”).
On the other hand, the Plaintiff corporation is the Defendant on November 19, 2014.