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(영문) 대구지방법원 2019.04.04 2018구합24010
과징금부과처분 등 취소청구의 소
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. From November 1, 2017, the Plaintiff served as the president of the C Child Care Center located in Busan-si B (hereinafter “instant Child Care Center”).

B. On August 2, 2018, the Defendant notified the Plaintiff in advance pursuant to Article 21(2) of the Administrative Procedures Act.

The facts constituting the cause of the disposition [Non-payment of subsidies due to the violation of the former Infant Care Act] Infant Care Teachers (D) paid a total of 3,885,30 won of subsidies from April 2018 to June 2018 [Non-payment of subsidies due to a full-time violation of the President (A)] that intends to receive KRW 300,000 of the paid-in childcare staff allowances from April 2018 to June 2018 - Six months of suspension of qualification for C Child Care - Six months of suspension of qualification for C Child Care - Corrective orders for correction (total subsidies of KRW 4,185,30) (full-time teachers, full-time teachers, and full-time teachers) - Legal basis and details of orders for correction (expenses and return of subsidies) - Article 40 (Order of Correction or Change) of the Infant Care Act) - Article 45 (1) 1 of the Infant Care Act and Article 45 (Order of Suspension of Qualifications for Child Care Teachers) - Article 30 (46) of the Infant Care Act)

C. On September 5, 2018, the Defendant, following the hearing procedure, issued an administrative disposition with the following content to the Plaintiff:

(hereinafter referred to as the "disposition of the suspension of the president's qualification for the plaintiff's cancellation for three months, replacement of a penalty surcharge and return of a subsidy for three months of the suspension of the operation of a child care center," which is subject to the disposition of the case. The reason for the disposition [non-payment of a subsidy due to the violation of full-time and full-time services of a teacher] - The president (A) also violates full-time duties from May to June 2018.

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