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(영문) 서울행정법원 2013.03.21 2012구합22867
보조금반환등취소
Text

1. Of the instant lawsuit, the head of Songpa-gu Seoul Metropolitan Government against the Plaintiff on April 2, 2012.

Reasons

1. Details of the disposition;

A. The Plaintiff is operating from December 2008 the C Child Care Center located in Songpa-gu Seoul 1301 Dong 103, Songpa-gu (hereinafter “instant Child Care Center”).

B. The Plaintiff was paid KRW 957,500,000 as childcare fees paid over November 8, 2009 and January 3, 2010 by the father of D, who had been a financial resource for the instant childcare center, stayed abroad from November 8, 2009 to February 3, 2010.

C. On February 27, 2012, the Defendant ordered the Plaintiff to refund KRW 957,500 of the subsidy paid pursuant to Article 40 subparag. 3 of the former Infant Care Act (amended by Act No. 11627, Jan. 23, 2013; hereinafter “Act”) on the ground that the Plaintiff received the subsidy by fraud or other improper means (hereinafter “instant order to return the subsidy”), and to correct the operation of the child care center (hereinafter “child attendance”) pursuant to Article 44 of the Act.

(hereinafter “instant corrective order”). D.

The Child Care Center in this case was certified as a child care center by the Minister of Health and Welfare, and the Minister of Health and Welfare on March 30, 2012.

On April 2, 2012, the head of Songpa-gu notified the Plaintiff on April 2, 2012, that the Child Care Center’s accreditation was revoked pursuant to Article 30(5) of the Act, and that the Child Care Center’s accreditation was revoked pursuant to Article 30(5) of the Act.

(hereinafter referred to as the “instant revocation disposition for certification”). E.

A child-care center in this case was officially approved by the Seoul Special Metropolitan City Mayor around 2010, and the head of the Seoul Special Metropolitan City Mayor is the plaintiff around March 14, 2012.

on the ground that such order was received.

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