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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. From May 30, 2007, the Plaintiff (i) operated child welfare programs, such as free meals, learning guidance, play, etc. for impoverished children from May 30, 2007, with a view to operating child welfare programs, including child welfare programs, “B Center,” which is a child welfare facility under Article 3 subparag. 9 and subparag. 8 of the Child Welfare Act (hereinafter “instant center”).
(2) From around 2012 to 2014, the Defendant granted the Plaintiff KRW 147 million under the Child Welfare and Subsidy Management Act (hereinafter “Subsidy Act”), such as personnel expenses and operating expenses for child welfare facilities (hereinafter “instant subsidy”), as the State subsidies, Do subsidies, and Si subsidies.
B. On January 9, 2018, the Defendant: (a) examined whether the representative of a social welfare facility operated by a corporation, an individual, or an organization, which is not a government agency, and whether the head of a facility has accumulated retirement benefits by receiving a subsidy; and (b) determined that “the Plaintiff’s accumulation of KRW 3,046,720 in total from the instant subsidy as its retirement benefit constitutes improper budget execution, although it constitutes the employer who is the representative of the instant center; and (c) ordered the Plaintiff to return KRW 3,046,720 on February 9, 2018, the Plaintiff issued an order to return the subsidy of KRW 3,046,720 (hereinafter “advance disposition”).
(2) The Plaintiff asserted the preceding disposition and filed an administrative litigation seeking the revocation of the preceding disposition with the Daegu District Court 2018Guhap816.
On July 30, 2018, the Gyeongbuk-do Administrative Appeals Commission rendered a ruling that "the prior disposition is revoked on the ground that there is a procedural defect that did not go through the prior notification procedure," and accordingly, the plaintiff also withdrawn the above administrative litigation.
C. The defendant.