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(영문) 대구고등법원 2018.09.21 2017누6335
개선명령처분취소
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Details of the disposition;

A. The Plaintiff is at the same time providing disabled persons who have difficulties in living in ordinary homes by utilizing a residential space for disabled persons in the facilities of the disabled persons in the racing city with services such as residence, medical care and support for a certain period of time.

(Article 58(1)1 of the Act on Welfare of Persons with Disabilities (hereinafter “instant facilities”) and a facility that enables persons with disabilities who are unable to work under the general working environment of vocational rehabilitation facilities for persons with disabilities to receive vocational training or to lead a vocational life under the specially prepared working environment.

(Article 58(1)3 of the Act on Welfare of Persons with Disabilities). A social welfare foundation that establishes and operates a “O” is a social welfare foundation.

B. On January 15, 2016, the Anti-Corruption and Civil Rights Commission received a report to the effect that the instant facilities were unlawfully receiving subsidies, and subsequently transferred the report to the Defendant on February 5, 2016.

C. Accordingly, on May 23, 2016, the Defendant issued an administrative disposition ordering the improvement of the instant facilities pursuant to Article 40(1)4 of the Social Welfare Services Act and Article 26-2 [Attachment Table 4] of the Enforcement Rule of the same Act (hereinafter “instant disposition”) on the ground that the instant facilities constituted “when accounting fraud, illegal act, or other improper act has been discovered.”

Article 40(1)4 of the Social Welfare Services Act - When a subsidy or support is used for any purpose other than its original purpose - When an unfair act related to the operation of other accounts or facilities occurs - Under the relevant Acts and subordinate statutes - Article 62(1)4 of the Act on Welfare of Persons with Disabilities - Article 40(1)4 of the Social Welfare Services Act - Article 26-2 of the Enforcement Rule of the Social Welfare Services Act 1. The amount of violation subject to the order of improvement of the administrative disposition (the first violation) in attached Table 4 of Article 26-2 of the Enforcement Rule of the Social Welfare Services

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