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(영문) 대전지방법원 2018.06.21 2017구합106069
어린이집폐지처분 등 취소 청구의 소
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Details of the disposition;

A. The Plaintiff was registered as a representative and infant care teacher in the name of Daejeon Middle-gu B apartment, 109 Dong 103, and C child care center (hereinafter “instant child care center”) and operated the said child care center.

B. The Defendant confirmed the following facts as a result of the investigation on the operation of the instant childcare center from September 2015 to January 2017.

On the other hand, on December 9, 2016, the chief prosecutor of the Daejeon District Prosecutors' Office notified the Defendant of the fact that the Plaintiff was indicted for violating the Infant Care Act due to the violation of the prohibition of the name lending of the president qualification, the basic infant care fees and the allowance for infant care teachers.

The representative and the representative of A falsely registered infant care teachers and the representative of A falsely registered infant care teachers and the teacher A (hereinafter referred to as "Plaintiff") were five to one child care teacher from October 2013 to June 2015, and the Plaintiff registered in the system was the representative of E child care centers and C child care centers, and was performing a practical principal role by being qualified as the principal at C child care centers. From October 2013 to June 2015, it was confirmed that the Plaintiff was falsely registered as D class infant care teachers, and that the teacher’s allowance and D class basic child care allowance were not provided at all, and the teacher’s allowance and D class basic child care allowance were not provided at all. The D class added several child care for the D class, and the teachers were also teachers (the child-care rate of 201 to 315, 2015).

2. The former president H, I, and J confirm that three presidents working for the president, who are only K (0,1 year old group), and the actual president’s duties are not performed but leased to the Plaintiff.

After conducting the hearing procedures with respect to the Plaintiff, on March 24, 2017, the Defendant substituted the Plaintiff for the assignment of teachers and staff under attached Table 2 of Article 10 of the former Enforcement Rule of the Infant Care Act (amended by Ordinance of the Ministry of Health and Welfare No. 355, Sept. 18, 2015; hereinafter “former Enforcement Rule of the Infant Care Act”).

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