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1. The part concerning the claim for cancellation of the accusation among the lawsuits in this case shall be dismissed.
2. The plaintiff's remaining claims are dismissed.
3...
Reasons
1. Details of the disposition;
A. The Plaintiff is the representative of the Child Care Center C located in Jeonju-gun, Jeonju-gun (hereinafter “instant Child Care Center”).
The child-care center of this case was established under the lead of the Diplomatic Association, and the plaintiff became the representative of the child-care center of this case as a person who has the position of the principal at Diplomatic Association.
B. From October 14, 2014 to August 31, 2016, the Defendant issued an order to return subsidies of KRW 14,227,340 to the Plaintiff (basic childcare fees: KRW 10,437,340, KRW 3,790, KRW 390,000, KRW 3,000, KRW 3,000, and KRW 3,790,000) to the Plaintiff on November 7, 2016, on the ground that E falsely registered part-time teachers as part-time teachers in the instant childcare center from April 2015 to May 2016, and received basic childcare fees, working environment improvement expenses, and labor expenses paid out in cash from part-time teachers.
(hereinafter referred to as “instant disposition”), / [based on recognition] of absence of dispute, entry of Gap evidence 1 (including additional numbers), the purport of the entire pleadings.
2. We examine ex officio the part seeking revocation of the accusation disposition among the instant lawsuit, as to whether it is legitimate.
The term "administrative disposition that is the object of an appeal litigation" means an act under the public law of an administrative agency that directly changes in the legal status of the other party or other persons concerned, such as an act, referral, recommendation, de facto notification, etc. inside the administrative agency, which may cause a direct legal change in the legal status of the other party or other persons concerned, such as an order to establish a right or bear an obligation with respect to a specific matter, or giving other legal effects,
(See Supreme Court Decision 96Nu6202 delivered on July 10, 1998). The so-called accusation is merely a proviso to investigation.