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(영문) 서울고등법원 2016.11.17 2016누45341

서울형어린이집지원보조금반납처분 취소

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1. Revocation of the first instance judgment.

2. Subsidies for the Seoul Child Care Center granted to the Plaintiff on September 17, 2015 66.

Reasons

Details of the disposition

The Plaintiff is operating the C Child Care Center according to the Infant Care Act (hereinafter referred to as the “C Child Care Center”) at his/her domicile, and received the accreditation of the Seoul Child Care Center from the Mayor of Seoul Special Metropolitan City.

On August 12, 2013, the Defendant issued a corrective order to suspend the qualification of two months (from September 2, 2013 to October 31, 2013) pursuant to Article 46 subparagraph 1 of the former Infant Care Act (amended by Act No. 10789, Jun. 7, 2011) on the ground that “The Plaintiff and D, the president of the instant child care center, received rebates amounting to KRW 28,243,50 on a total of 23 occasions from March 2010 to December 2011, the Defendant received rebates amounting to KRW 28,243,50 from a special activity education company.” (hereinafter “disposition of suspension of qualification, etc.” in addition to the disposition of suspension of qualification and the corrective order”).

The "Guidance on Infant Care Services in Seoul Special Metropolitan City" enacted by the Mayor of Seoul Special Metropolitan City (hereinafter referred to as "Guidance on Infant Care Services in 2013").

The relevant parts of the instant case are as follows.

IV. Detailed operation plan of Seoul Child Care Center;

5. Management, such as cancellation of accreditation of Seoul Child Care Centers;

(b) Where the Seoul Special Metropolitan City Mayor deems it inappropriate to maintain the accreditation due to occurrence of child abuse or other reasons, if an administrative disposition is taken after accreditation.

(d) Measures against revoked facilities: Suspension of subsidies - Suspension of subsidies from the following day from the date of occurrence of the grounds for revocation of accreditation of Seoul-type - The relevant subsidy: The additional personnel expenses for the Seoul-type childcare center, other operating expenses, childcare helpers, etc.