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Reasons
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(영문) 대전고등법원 2019.05.15 2018누13054
개선명령 무효 확인의 소 등
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1. The judgment of the court of first instance is modified as follows.

Plaintiff

A All lawsuits shall be dismissed.

B. The defendant is against the plaintiff B.

Reasons

1. Details of the disposition;

A. From March 26, 2009, the Plaintiff A established and operated the above center as the representative of the C Regional Child Center, which is a child welfare facility and social welfare facility.

Plaintiff

A concurrently held the facilities of the C Regional Child Centers, and resigned from the facilities on March 1, 2017, and Plaintiff B has been in charge of the facilities of the C Regional Child Centers from March 2, 2017.

B. The C Regional Child Centers’ budget in 2017 included 18.5 million won for personnel expenses (=1.55 million won x 12 months) as designated support payments.

Plaintiff

A was paid KRW 8,956,530 from March 2017 to October 2017 to the above designated support fund budget.

C. A written consent to the deposit of support payments prepared by the sponsor of the C Regional Child Center in around 2014-2015, stating that “The consent was obtained in designating and using the support payments as personnel expenses for the C Center head.”

On December 28, 2017, the Defendant issued a prior notice of disposition to the addressee as “C regional children’s center head” as follows.

Sub-paragraph (d) of the Financial Accounting Rules of Social Welfare Corporations and Social Welfare Facilities;

1. Pursuant to Article 21 (1) of the Administrative Procedures Act with respect to violations of Article 41-7 of the Regulations on Finance and Accounting of Social Welfare Foundations and Social Welfare Facilities, the prior notification of disposition shall be given as follows:

2. If there is an opinion on a disposition, it shall be known that it will be deemed that there is no opinion in the form of attachment and will be treated as no opinion if it is not presented within the time limit.

- - A - A - The prior notice of disposition (order of improvement) posted in violation of an administrative disposition of a violation of the name of the representative of the facility - B and C, which is not in violation of the prohibition of use of support payments A for children'

1. Orders for improvement following violations of the title of the scheduled disposition and social welfare services;

2. The name (title) of the parties C, regional and child centers (representative A).

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