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(영문) 광주지방법원 2016.04.28 2014구합10028

보조금교부결정취소및반환처분취소

Text

1. On August 20, 2012, the Defendant revoked the decision to grant subsidies of KRW 256,184,963 granted to Plaintiff A, a social welfare foundation, and revocation of the decision to grant subsidies.

Reasons

1. Details of the disposition;

A. The Plaintiff’s social welfare foundation A (hereinafter “Plaintiff’s child-care center”) is a child welfare and childcare facility located in the new Gun in the new nam-gun, and the Plaintiff B is the president of the said Plaintiff A.

B. From September 14, 2011 to September 16, 2011, the Defendant discovered that, as a result of the Plaintiffs’ audit of the Plaintiff’s childcare center, the Plaintiffs did not keep evidentiary documents, in violation of Article 25(3) of the Subsidy Management Act (hereinafter “Subsidy Management Act”) and Articles 34 and 35 of the Financial Accounting and Accounting Rules of Child Care Facilities from January 1, 2008 to September 15, 201, the Plaintiffs did not keep evidentiary documents.

C. Accordingly, on May 24, 2012, the Defendant issued an order to grant subsidies of KRW 265,148,963 to KRW 265,148,963 (26) from January 1, 2008 to September 15, 201 to suspend qualifications within three months pursuant to Article 46 subparagraph 1 of the Infant Care Act to the Plaintiff’s childcare center on the ground that “an inadequate documentary evidence for disbursement is found to exist while executing improper accounting - accounting - 265,148,963 (2)”, Article 44 of the Infant Care Act, Article 25 of the Subsidy Management Act, Article 40(1)4 of the Social Welfare Services Act, Article 30, and Article 31 of the Subsidy Management Act, to revoke the decision to grant subsidies of KRW 265,148,963,

(hereinafter referred to as the above order in general as “instant first disposition”). D.

The plaintiffs supplement the documentary evidence when filing an objection with the defendant on June 13, 2012. The defendant reduced the amount of KRW 8,964,00 from the initial disposition of this case on August 20, 2012 to KRW 256,184,963 (263 items) from January 1, 2008 to September 15, 201, and executed the original disposition of this case by reducing the amount of KRW 256,184,963 (263 items). As to the plaintiff child care center, Article 25 of the Subsidy Management Act, Article 40(1)4 of the Social Welfare Services Act, Article 30 and Article 31 of the Subsidy Management Act, the decision to grant subsidies of KRW 256,184,963 and the order to return subsidies of KRW 256,963 and the order to suspend the qualifications of the plaintiff B pursuant to Article 46 subparagraph 1 of the Infant Care Act.