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(영문) 부산지방법원 2015.09.25 2015구합22128
업무정지등처분취소
Text

1. On April 1, 2015, the Defendant rendered a disposition to suspend the operation of a child care center against Plaintiff A, a social welfare foundation, and Plaintiff B.

Reasons

1. Details of the disposition;

A. The Plaintiffs’ status Plaintiff A (hereinafter “Plaintiff Corporation”) is a legal entity that operates D Child Care Centers located in Seo-gu Busan (hereinafter “instant Child Care Centers”) and Plaintiff B is the head of the instant Child Care Center.

B. The Plaintiffs were paid KRW 8,050,80 as subsidies from the Defendant for five months from July 2014 to November 11, 2014, to E, who is his/her father, the representative director of the Plaintiff corporation, registered as the childcare teacher in charge of the Fluence of the instant childcare center, and received KRW 8,050,80 in total, including personnel expenses subsidies and various allowances for E from July 2014 to the Defendant.

C. Defendant’s disposition 1) As a result of the guidance and inspection on the overall operation of the instant childcare center, Busan Metropolitan City: (a) determined that the Plaintiffs were unlawfully receiving subsidies by making a false registration of E, who actually performs the duties of the prime superintendent, as a childcare teacher; and (b) notified the Defendant on February 12, 2015; (c) on April 1, 2015, the Defendant suspended the operation of the instant childcare center (hereinafter “instant disposition”) by the Plaintiff corporation pursuant to Articles 40 subparag. 3 and 45(1)1 of the former Infant Care Act (Amended by Act No. 1321, May 18, 2015; hereinafter “former Infant Care Act”); (d) Article 38(1) [Attachment 9] of the Enforcement Rule of the same Act (hereinafter “instant return disposition”) and for one year (from March 1, 2016 to February 28, 2017).

3) In addition, pursuant to Article 46 subparag. 4 of the former Infant Care Act and Article 39(2) [Attachment 10] of the Enforcement Rule of the same Act on the same day, the Defendant shall suspend the Plaintiff B’s qualification for the head of the childcare center for one year (from June 1, 2015 to May 31, 2016) (hereinafter “instant suspension of qualification”).

In the event that each of the above dispositions is referred to, “each of the dispositions of this case”

A. At the request of the representative director of the Plaintiff corporation, May 27, 2015.

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