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(영문) 제주지방법원 2020.11.10 2019구합5834
공공형어린이집 선정 취소 처분 취소 청구의 소
Text

The plaintiff's claim is dismissed.

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

Reasons

1. The Plaintiff is the president of the C Child Care Center located in Jeju City B (hereinafter “instant Child Care Center”).

On October 31, 2014, based on the "Public Child Care Manual" of each year enacted by the Minister of Health and Welfare, the Defendant is selected by the head of the competent local government in accordance with the guidelines established by the Minister of Health and Welfare, with the aim of expanding the "child care centers that can be trusted and entrusted." The Defendant’s new type of child care centers functioned as public child care infrastructure at national and public level when the outstanding private individual and family child care centers are supported with operating expenses for stable operation and quality management.

Child-care centers selected as public child-care centers may receive subsidies, such as operating expenses, personnel expenses for infant-care staff, environmental improvement expenses, etc.

The selection was made on November 1, 2017.

The founder or operator of a child-care center shall not collect child-care fees, etc. by fraud or other improper means, and the special activity expenses shall be used for the personnel expenses for special activities instructors, the teaching materials for special activities, and the purchase expenses for school school school in accordance with the guidelines for infant-care business guidance published by the Ministry of Health and Welfare, and the amount collected by each guardian, the actual use amount, and the remaining amount shall be settled semi-annually and the details thereof shall be reported to the Child-care Center Steering Committee or notified to the guardian. However, the plaintiff shall not settle the special activity expenses as above and notify the guardian of the fact that the plaintiff would be to use the special activity expenses after receiving a part of the special activity expenses from the special activity enterprise, and shall collect the special activity expenses from the guardian of the child-care center in the aggregate of 16,124,94 won from March 1 to January 3, 2014 to receive the special activity expenses from the guardian of the child-care center by fraud or other improper means.

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