1. The Defendant’s disposition to recover KRW 18,57,730 of the child welfare subsidy granted to the Plaintiff on February 8, 2018.

1. Details of the instant disposition

A. The Plaintiff is a social welfare foundation established for the purpose of performing social welfare business under the Child Welfare Act, the Infant Care Act, and the Social Welfare Services Act, and is establishing and operating “B” a child welfare facility (hereinafter “instant facility”).

On the other hand, C served as the representative director of the Plaintiff corporation and as the head of the above facility from January 2016 to September 2017, which received subsidies as follows.

B. From January 2016 to September 2017, the Plaintiff filed an application with the Defendant for subsidies for personnel expenses and operation of child welfare facilities including C’s retirement reserve (8,919,720 won) and overtime work allowances (9,638,010 won). Accordingly, the Defendant granted subsidies to the Plaintiff for the aforementioned period.

C. On January 10, 2018, the Defendant notified the Plaintiff of the prior disposition that it would recover subsidies for child welfare facilities granted to the representative of the child welfare facilities and the head of the facility for the following reasons, and notified the Plaintiff of the return of KRW 18,557,730, out of the subsidies granted from January 28, 2016 to September 2017 (hereinafter “instant disposition”).

The retirement benefits and overtime allowances which are the cause of the disposition shall be the workers under the Labor Standards Act. The workers refer to the persons who provide labor under the direction and supervision of the employer regardless of the type of occupation, and receive the wages in return for the provision of labor regardless of the type of occupation, and the representative of the facility and the head of the facility independently exercises his/her authority with the personnel rights, the budget execution rights, etc., of the facility are not recognized. The representative of the child welfare facility established under Article 50 (2) of the Child Welfare Act and the head of the facility (the premise that the facility is not the head of the facility where the child welfare facility is established) are the workers under Article 2 (1) of the Act on the Guarantee