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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. From December 23, 2013 to December 23, 2013, the Plaintiff is the head of the above child-care center, which was entrusted by the Defendant to operate the “C”, which is a public child-care center in Namyang-si B.
B. From January 29, 2013 to May 2014, the Defendant unfairly received subsidies of KRW 5,450,000,00 (hereinafter “instant subsidies”) in total, including KRW 2,550,000,00,000, and KRW 8,550,000,00,000, from the Plaintiff’s registration of the childcare teacher D as a new teaching teacher for the three-school classes from January 29, 2014. The Defendant issued the instant disposition ordering the suspension of the Plaintiff’s qualification for the head of the childcare center for one year, along with returning the instant subsidies to the Plaintiff.
[Ground of recognition] Uncontentious facts, Gap evidence Nos. 1 and 2, purport of the whole pleadings
2. Whether the disposition is lawful;
A. The Plaintiff’s assertion 1) Unlike the grounds of the instant disposition, D received a subsidy order from January 1, 2013 to May 2014, 2014 and actually performed its duties. It is unreasonable to deem D to have obtained a false registration as a teacher for childcare, on the ground that D performed part of administrative duties other than duties as a teacher for the head of the kindergarten and the head of the kindergarten in addition to duties as a teacher for the head of the nursery group, and that D did not perform its duties as a teacher for childcare in the instant case. 2) Even if D was assumed that D did not perform its duties as a teacher for childcare in the instant case, it does not meet the requirements prescribed by the former Infant Care Act (amended by Act No. 1321, May 18, 2015; hereinafter the same shall apply) and the head of the nursery group under Articles 40 subparag. 3 and 46 subparag. 4 of the Infant Care Act (amended by Act No. 13321, May 18, 2015).
3. In the instant disposition, there is an error of deviation from or abuse of discretionary power.
(b)as shown in the attached text of the relevant statute;