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(영문) 수원지방법원 2017.08.08 2017구합61776
시설폐쇄처분등취소
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 is the representative and the president of the family childcare center under the name of "C Child Care Center" located in Ansan-si B (hereinafter "the child care center of this case").

B. D, the Plaintiff’s spouse, was registered as a teacher of the instant childcare center from March 30, 2012 to March 2, 2014.

C. As a result of the investigation into the instant childcare center from October 2013 to November 2013, the Defendant: (a) received KRW 1,910,00 in total, and KRW 1,060,00 in total, and KRW 1,060 in working environment improvement expenses paid by the Plaintiff for ten times from January 2013 to October 2013; and (b) received KRW 7,225,00 in total, for the same period, by applying for basic childcare fees, even though the Plaintiff did not meet the requirements for basic childcare fees (building-to-child ratio) due to the division of other teachers; and (c) received KRW 7,25,00 in total, on eight occasions during the same period.

On February 7, 2017, the Defendant: (a) issued a prior notice of administrative disposition and hearing procedures with respect to the Plaintiff; and (b) on the ground that “the Plaintiff received KRW 10,195,000 (the total working environment improvement cost of KRW 1,910,00,00,000 (the basic childcare cost of KRW 7,225,00,00) for improving the working environment of KRW 1,910,000) after false registration of infant care teachers (only in charge of infants) from January 2013 to October 2013, the Defendant issued a disposition to close the childcare center facilities and suspend the qualification of the president for one year on the grounds of Article 45(1)1 and Article 46 Subparag. 4 of the Infant Care Act.

(hereinafter “instant disposition”) e.

Meanwhile, on December 23, 2015, the Plaintiff was sentenced to a fine of KRW 10,195,000 for a total of KRW 10,195,000 by applying for a subsidy by unlawful means in the aforementioned case in Suwon District Court case No. 2014Ma1280, Dec. 23, 2015. However, the Plaintiff appealed against this and appealed, but the Suwon District Court was dismissed on July 15, 2016.

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