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(영문) 대구고등법원 2015.06.19 2014누6303
공공형 어린이집 선정 취소처분 취소
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. Details of the disposition;

A. From December 3, 1998 to December 3, 1998, the Plaintiff is the president of C Child Care Center, a private child care center located in Gangseo-gu, Daegu (hereinafter “instant Child Care Center”). The instant Child Care Center was selected as a public child care center on May 27, 2013 in accordance with the Guidelines for Child Care Services (hereinafter “instant Guidelines”).

B. On July 16, 2013, the head of the Daegu Metropolitan City Seo-gu Office (hereinafter “the head of the Gu”) issued and inspected the instant childcare center on July 16, 2013, that “The Plaintiff, at the time of absence of the D’s hospital that is an infant care teacher, was in charge of the instant childcare center four pagazs in the event of the absence of the Plaintiff’s four years of age due to the medical examination and treatment of D, which is an infant care teacher, and claimed subsidies unfairly, and in fact, reported the appointment and dismissal of F as a child care teacher, G received unfair payment of F’s benefits

C. On August 30, 2013, the head of the relevant month: (a) notified the Plaintiff of the prior disposition; (b) notified the Plaintiff of the written opinion; (c) notified the Plaintiff of the written opinion on September 16, 2013; and (d) on November 1, 2013, he/she returned the Plaintiff the amount of penalty surcharge in lieu of the suspension of operation pursuant to Article 40 Subparag. 3, 45, 45-2, and Article 46 Subparag. 4 of the former Infant Care Act (Amended by Act No. 12697, May 28, 2014; hereinafter the same shall apply); (c) notified the Plaintiff of the prior disposition; (d) notified the Plaintiff of the written opinion; and (e) notified the Plaintiff of the disposition; (d) notified the Plaintiff of the disposition; (e) notified the Plaintiff of the disposition; (e) notified the Plaintiff of the disposition; (e) notified the Plaintiff of the disposition to the Plaintiff; (e) returned the subsidies to the Plaintiff’s basic child care engineer;

The grounds for the disposition (No. 2-1) (O infant care teacher D) shall provide infant care to an unqualified person (E) when he/she is absent due to medical treatment, etc. of the hospital, and the subsidy shall not be unduly claimed.

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