The Plaintiff deemed D to have employed the Plaintiff as a nursery teacher in charge of the instant childcare center (child care teacher in charge). Accordingly, the Defendant paid D totaling KRW 2,530,000,000, including treatment improvement expenses, work environment improvement expenses, and promotion allowances paid to infant care teachers in charge of the Ban from July 201 to April 2012, 200.

From July 201 to April 2012, the Plaintiff paid approximately KRW 1,243,670-1,43,420 each month to D for ten months. During the above period, the Plaintiff received KRW 5,096,940 in total from D as the Plaintiff’s personal deposit account.

On May 8, 2017, the Defendant: (a) deemed that the Plaintiff received subsidies or appropriated subsidies by fraud or other improper means; (b) imposed a disposition of suspending the president’s qualification for three months; and (c) a penalty surcharge of KRW 20,700,000 in lieu of six months of the suspension of the operation of a child care center (115,000 per day as of the amount of income of the previous year x 180 days); and (d) imposed

(1) The Plaintiff received subsidies of KRW 2,60,000 from the Defendant by fraud or other improper means by deeming D to be a child care teacher in charge of reflecting D who does not work for eight hours a day from July 201 to April 2012, 200, in total, KRW 2,600,000, such as treatment improvement expenses, work environment improvement expenses, encouragement allowances, evaluation authorization and licensing, etc.

② From July 201 to April 2012, the Plaintiff received KRW 4,766,640 from D as the Plaintiff’s personal deposit account, and appropriated KRW 4,766,640 for subsidies.

[Ground of recognition] Evidence No. 2, Evidence Nos. 7 and 12, the purport of the whole pleadings

2. Whether the disposition is lawful;

A. According to the Plaintiff’s assertion by the Minister of Health and Welfare in 201 and the “Child Care Project Guidance” in 2012, childcare centers are established.