시설폐쇄 처분 등 취소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts and circumstances of dispositions;
A. The Plaintiff acquired the qualification for the head of a childcare center from the Minister of Gender Equality and Family on November 13, 2007, and operated the “C Child Care Center” located in Daejeon-gu Daejeon District (hereinafter “instant Child Care Center”) from December 15, 2009.
B. When a special (long-term) childcare center employs a part-time childcare teacher, the Defendant paid subsidies on the following basis:
1. Monthly salary-type extended infant care teachers (including from 19:30 to 21:30 of the hours, if they have worked in total for not less than 6 hours but not more than 8 hours consecutively before and after the relevant hours): 1.2 million won per month for personnel expenses, various allowances (such as improving the working environment of teachers, improving treatment expenses, etc.) (where the day infant care teachers have been extended or have been employed for more hours in the form of overtime work, or where the day infant care teachers have been employed for more hours: 40,000 won per month for personnel expenses;
C. On September 5, 201, the instant child-care center was designated as a special (time extension) child-care center of “one half of the monthly benefit type and one half of the duty-based allowance type,” and on June 12, 2013, the instant child-care center was re-designated as a special (time extension) child-care center of “two half of the monthly benefit type.”
From June 2013 to February 2014, the Plaintiff employed D and E as a part-time childcare teacher for the instant childcare center from June 2013 to February 2014, and had them work every four hours a day.
E. From June 2013 to February 2, 2014, the Plaintiff filed an application for subsidies with the Defendant to the effect that “D and E worked for six hours a day as a monthly benefit extension childcare teacher at the child care center of this case” attached to a false part of the work status register, etc., and received KRW 2,640,000,000 from the Defendant as the total of D, E’s personnel expenses, school teachers’ working environment improvement expenses, transportation meal expenses, treatment improvement expenses, special child care centers’ special allowance subsidies.
F. The Defendant: (a) notified the Plaintiff in advance of an administrative disposition and the hearing procedures; and (b) extended the monthly benefit period from June 2013 to February 2014 by the Plaintiff.