영유아보육법 위반에 따른 행정처분 취소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Details of the disposition;
A. The Plaintiff is the representative and the president of the C Child Care Center (hereinafter “C Child Care Center”) who is a family child care center located in the Gu Government-si B.
The representative A and the director of a school teacher's illegal receipt of subsidies due to non-compliance with the ratio of the school teacher's children shall have D (E) registered in the mixed group (1 and 2 years of age) take care of D (E) from September 2015 to December 2015 and actually take care of eight children in the D (2 years of age) and they violate the ratio of the school teacher's large-scale care (1:7) and apply for and receive the basic childcare fees unfairly.
B. On February 11, 2016, the Defendant issued a special inspection on the instant childcare center, following the prior notice of the disposition and hearing procedures, and issued a disposition of KRW 2,832,00 in return of the subsidy amounting to KRW 3,150,00 in accordance with Article 40 Subparag. 3, 45(1)1, 45-2, and 46 Subparag. 4 of the Infant Care Act on the grounds of the following violations, and issued a disposition of KRW 45 days in suspension of qualification for the president.
C. The Plaintiff dissatisfied with the instant disposition and filed an administrative appeal with the Gyeonggi-do Administrative Appeals Commission. On July 6, 2016, the said commission changed the imposition of a penalty surcharge in lieu of 45 days of the suspension of operation of a child care center to the imposition of a penalty surcharge in lieu of one month of the suspension of operation of a child care center. The disposition of suspension of qualification for the president 45 days is changed to the disposition of suspension of qualification for the president one month of suspension of qualification for the president.
Accordingly, on July 20, 2016, the Defendant informed the Plaintiff that the disposition of imposing penalty surcharges was changed from KRW 3,150,000 to KRW 2,100,000, and that the suspension of qualification for the president was changed from KRW 45 to one month.
(2) The grounds for recognition are as follows: (a) No dispute exists; (b) No evidence No. 3; and (c) No evidence Nos. 1 through 5; and (d) the purport of the entire pleadings and arguments by the Defendant’s initial disposition on February 11, 2016.
2. Whether the disposition is lawful;
A. The plaintiff's assertion.