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(영문) 대구고등법원 2015.01.30 2014누5737
어린이집폐쇄 등 처분 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

1..

Reasons

1. Details of the disposition;

A. The Plaintiff is the founder and operator of the D Child Care Center in Busan City C and 202 Dong (hereinafter “Child Care Center in this case”). B (joint Plaintiff in the first instance trial) is the head of the Child Care Center in this case.

B. On October 8, 2013 to October 11, 2013, the Defendant conducted a special inspection on childcare centers within the jurisdiction, and determined that the Defendant denied subsidies of KRW 12,190,680 (a total sum of KRW 9,660,680,00, KRW 2,530,000 (hereinafter referred to as “illegal subsidies”) as indicated in the list of G personnel expenses, and that the Defendant denied the payment of subsidies of KRW 13,470,50,680 (a total of KRW 9,660,680, KRW 2,530,000) as indicated in the list of G personnel expenses, including the payment of subsidies to non-qualified teachers to F, who are registered teachers, and that G, who are qualified teachers, was in charge of childcare services.

Details of administrative disposition against the plaintiff - Closure of a child care center (date of closure: March 1, 2014) - Refund of subsidies (amount returned: 25,61,240 won (misappropriation of subsidies) - Submission of a plan to take measures for the transfer of child care centers (not later than February 1, 2014) - The grounds for the disposition (immediately after the closure of a child care center) - the grounds for the disposition from November 1, 2012 to October 10, 2013 by falsely registering infant care teachers, which are 25,61,240 won of subsidies, such as basic infant care fees, teachers' treatment improvement expenses, salaries, etc. - the grounds for unjust supply and demand and utilization of subsidies, etc. - Article 45 (1) 1 of the Infant Care Act, Article 38 (1) of the Enforcement Rule of the Infant Care Act - Article 40 subparagraph 2 and 3 (b) of the Infant Care Act, the basic grounds for suspension of qualifications for infant care teachers from 1 to 1.21.3.1.21.

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