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(영문) 광주지방법원 2018.05.31 2017구합11862
시설폐쇄 및 원장 자격정지 처분 등 취소 청구
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 of C Child Care Center in Gwangju Mine-gu (hereinafter “instant Child Care Center”).

B. On January 27, 2016, the Plaintiff was sentenced to a fine of KRW 5,00,000 as the Gwangju District Court 2015 High Court Decision 2015 High Court Decision 953, and KRW 3,000,000 as the penalty for violation of the Subsidy Management Act, respectively, as follows.

In spite of the fact that anyone did not receive subsidies by fraudulent application or other unlawful means, the plaintiff and D conspired to receive subsidies from the mining-gu office as if he/she worked as an overtime teacher in the above childcare center as the overtime teacher in the above childcare center.

On January 12, 2012, the Plaintiff received KRW 19,700,000,000 from the above day to June 25, 2013, in total, 29 times from the above day to June 25, 2013, for a total of KRW 19,70,000,000, when it falsely reported as an overtime teacher by accessing the childcare administration support program using a computer in the above day-care center.

As a result, the plaintiff and D were provided with subsidies by false application or other improper means in collusion.

C. The Plaintiff’s appeal was dismissed on November 16, 2016, the appellate court, Gwangju District Court 2016No395, which was the appellate court. The Plaintiff’s appeal was dismissed on April 28, 201, Supreme Court Decision 201Do19761 through April 28, 2017, and the said judgment became final and conclusive on the same day.

On June 30, 2017, pursuant to Article 40 of the Subsidy Management Act (hereinafter “Subsidy Act”), Articles 45 and 46 of the Infant Care Act, and Articles 38 and 39 of the Enforcement Rule of the Infant Care Act, the Defendant made the following dispositions (hereinafter “instant disposition”) against the Plaintiff.

No violation - No person shall receive a subsidy or use a subsidy by fraud or other improper means.

Nevertheless, D. D.

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