The judgment of the court below is reversed, and the case is remanded to Suwon District Court Panel Division.

The grounds of appeal are examined.

Article 36 of the former Infant Care Act (amended by Act No. 10789, Jun. 7, 2011) provides that "the State or local governments shall subsidize all or part of the expenses incurred in infant care services, such as the establishment of nursery facilities under Article 10, personnel expenses for infant care teachers (including substitute teachers), expenses incurred in excess infant care (including substitute teachers), establishment and operation of infant care information centers, promotion of welfare of employees of nursery facilities, provision of vulnerable infant care, etc." The above provision provides that "the State or local governments shall subsidize all or part of the expenses incurred in infant care services under the conditions as prescribed by the relevant Acts and subordinate statutes, such as the above Act and the Enforcement Decree thereof."

(2) Article 24 of the former Enforcement Decree of the Infant Care Act (amended by Presidential Decree No. 23356, Dec. 8, 2011) provides that “The State or a local government shall fully or partially subsidize the following expenses within budgetary limits,” and provides that “the State or a local government shall subsidize the expenses to be subsidized under Article 36 of the Act, in whole or in part, within budgetary limits,” “ personnel expenses for infant care teachers, and other expenses deemed necessary for the operation of infant care facilities by the Minister of Health and Welfare or the head of the relevant local government, such as expenses for the operation of vehicles,” and Article 24 (2) provides that “the Minister of Health and Welfare or the head of the relevant local government shall determine matters necessary for the method of subsidization of expenses prescribed in paragraph (1)”.

In addition, each "child care business guidance" issued by the Minister of Health and Welfare, the Gyeonggi-do Governor, and the Sungnam market is defined as the requirements for the payment of subsidies, such as basic infant care fees.

According to the evidence adopted by the court below and the court of first instance, the defendant is authorized to have 39 full childcare staff of the child care center of this case on May 3, 2010.