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(영문) 광주지방법원 2014.10.16 2013구합10670

보조금반환명령처분 등 취소

Text

Of the instant lawsuits, the part of the claim for the revocation of the restitution disposition of KRW 66,328,240, which was September 17, 2013, shall be dismissed.

The plaintiff.

Reasons

1. Basic facts

A. The Plaintiff was in office as the head of a childcare center from August 5, 1998 to March 31, 2007, respectively, at D childcare centers located in SP, and from June 30, 2008 to August 29, 2013.

In addition, the Plaintiff worked as kindergarten teacher from the F kindergarten located in the E apartment complex at the time of leisure, from April 2, 2007 to July 31, 2009, and from August 1, 2009, the Plaintiff is working as the head of the kindergarten from August 1, 2009 to that day.

B. On May 2, 2013, the Ministry of Health and Welfare conducted on-site inspections on childcare centers, Jeonnam-do, and female public officials in charge of D childcare centers, as a result of the inspection of the operational status, etc. of D childcare centers jointly conducted on May 2, 2013, found the fact that ① violation of the prohibition of concurrent office of the Plaintiff, the president of D childcare centers, ② violation of the prohibition of concurrent office of the Plaintiff, ② infant care in F

C. On August 26, 2013, the Defendant rendered the following dispositions against the Plaintiff on August 26, 2013, including the closure of the Defendant’s facilities.

(B) If a child care center’s child care center’s child care center’s child care center’s child care center’s child care center’s child care center’s child care center’s child care center’s child care center’s child care center’s child care center’s child care center’s child care center’s child care center’s child care center’s child care center’s child care center’s child care center’s child care center’s child care center’s child care center’s child care center’s child care center’s child care center’s child care center’s child care center’s child care center’s child care center’s child care center’s child care center’s child care center’s child care center’s child care center’s child care center’s child care center’s child care center’s child care center’s child care center’s child care center’s child care center’s child

D. The Defendant’s disposition to recover subsidies on September 17, 2013, and the Defendant’s revocation thereof, on September 17, 2013, issued the Plaintiff a disposition to recover the above childcare fees on the ground that the Plaintiff received childcare fees of KRW 66,328,240, which correspond to the subsidies by fraud or other improper means.

(2) On the other hand, on June 12, 2014, the Supreme Court held that the guardian of a child care center uses the child care center.