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(영문) 대전지방법원 2017.03.09 2016구합101982

개선명령 및 보조금 반납 처분 취소

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1. The Defendant’s improvement order issued to the Plaintiff on February 22, 2016 and the disposition of returning KRW 135,652,730 to the Plaintiff shall be revoked.

Reasons

1. Details of the disposition;

A. The Plaintiff is a social welfare foundation that operates C, which is a mental health sanatorium (hereinafter “instant facility”) in Seosan-si.

B. On February 19, 2016 and February 22, 2016, the Defendant issued an improvement order and issued a disposition to return subsidies to the Plaintiff as shown below [Attachment 1].

(hereinafter) From the point of view, the Defendant issued an order of improvement and a disposition ordering the Defendant to return KRW 17,19,910 for improper grounds for the placement of office workers among dispositions on February 19, 2016 (hereinafter “instant Disposition 1”), and the Defendant’s disposition on February 22, 2016 (hereinafter “instant Disposition 2”). [Attachment 1: Each Disposition of this case”) [the details of each Disposition 1] Disposition 1: Order 9,932,700 for overtime work (over-time work) paid on February 19, 2016; Order 40(1)4 of the Social Welfare Services Act returned to KRW 9,932,70 for improvement order; Order 135,800 for the improper use of office-time and retired vehicles; Order 17,19,99,910 for the improper disposition of this case; Order 2536,246,204, etc. for the Social Welfare Services Act’s submission of Subsidies No. 136

2. Whether the disposition is lawful;

A. The Plaintiff’s assertion 1) As to the Disposition 1 of this case, although the Defendant stipulated that two employees shall be paid to the instant facility with at least 100 inmates in the “standards for the provision of human resources by occupational category for mental health sanatoriums,” the Defendant provided only labor expenses for one clerical staff member for budgetary reasons. In such a circumstance, the Plaintiff has two or more clerical staff members in accordance with Article 3 and [Attachment 2] of the Rules on the Standards for Establishment and Operation of Mental Health sanatoriums.