beta
(영문) 제주지방법원 2015.05.20 2015구합22

자격정지처분 취소

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

The plaintiff is working as the president of C Child Care Center (hereinafter referred to as the "Child Care Center of this case") in Jeju City after acquiring the certificate of qualification of the head of the Child Care Center on June 27, 2007.

On October 1, 2014, the Child Care Center of this case was certified as a child care center by the Minister of Health and Welfare from October 1, 2014 to October 14, 2017.

In 2010 and 2011, the Plaintiff entered into a contract for the supply of a special English education program with Dr. D., a provider of special activities (referring to the activity program by external instructors other than the child care program by age according to the standard infant care process).

On January 28, 2014, the commissioner of Jeju Special Self-Governing Province (the commissioner of Jeju Special Self-Governing Province) started an investigation on the illegal collection of special activity expenses against Jeju child care centers, kindergartens and special activity providers from July 2013, and notified the Defendant of the following investigation results in relation to the Plaintiff:

On February 2010, the Plaintiff entered into a supply contract with D company, which is a special activity program provider, at KRW 15,000 per child at childcare, to set the special activity expenses for the English subject at KRW 15,00 per child at KRW, but on February 23, 2010, the Plaintiff sent a notice of payment by appropriating the special activity expenses for the English subject as KRW 20,000 per child at KRW 20 per child at childcare.

Therefore, on March 2, 2010, the Plaintiff received KRW 20,000 as expenses for the special activities of the child care in the English language from the child care center in March 2, 2010, by illegally receiving KRW 5,000 from the child care center in March 2, 2010 to March 1, 2012, and at the same time by deceiving the child care who is the victim (guardian) of the said money from the victims.

The defendant, on January 2, 2015, when the plaintiff operates a special activity program from March 2, 2010 to March 1, 2012, in order to receive special activity expenses from the actual supply price contracted with the operating company, and the parents are unreshed.