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(영문) 광주지방법원 2015.06.11 2015구합10223

기타(일반행정)보조금 등 청구의 소

Text

1. As to Defendant Nam-gu, Gwangju Metropolitan City:

A. 157,100,000 won and its related thereto from May 1, 2014 to April 28, 2015

Reasons

Facts of recognition

From October 18, 2006, the Plaintiff is a person who operates a child-care center, which is a child-care facility, under the trade name of a child-care center in Nam-gu, Gwangju (hereinafter “instant child-care center”).

The instant childcare center was designated by the Minister of Health and Welfare as a public childcare center on August 31, 201, and received the evaluation certification pursuant to Article 30 of the Infant Care Act on July 1, 2012.

The Plaintiff’s false settlement of childcare fees, such as the Defendants’ disposition and ruling against the Plaintiff, was made through a false settlement as if the guardian left in advance from June 11, 2010 to September 2, 2010 and did not want to record the Plaintiff’s childcare fees (hereinafter “the instant false settlement”).

On May 2, 2012, the head of Nam-gu Seoul Metropolitan City (hereinafter referred to as the "head of Nam-gu") notified the Plaintiff of the recovery of subsidies for childcare fees paid to children staying abroad on the ground of the fraudulent settlement of this case.

On July 30, 2013, the Plaintiff appealed against the above disposition and filed an administrative appeal with the Gwangju Metropolitan City Administrative Appeals Commission, and on August 27, 2013, the said commission rendered a ruling to the effect that “the head of South-Gu does not confirm that there is no disposition of the return order issued to the Plaintiff on May 2, 2012, on the ground that the notice of restitution of the said subsidy was not a administrative disposition but a request for recovery of a kind of unjust enrichment.”

On September 20, 2012, the head of Nam-gu Office issued a disposition of revocation of designation of a public child care center, revocation of designation of a child care center, revocation of designation of a child care center, imposition of a penalty surcharge of KRW 4,500,00, and revocation of designation of a part-time childcare center on September 25, 2012. The designation of a public child care center was revoked on the ground that it is the authority of the Minister of Health and Welfare, and on October 9, 2012.