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(영문) 의정부지방법원 2014.07.15 2013구합16055
과징금부과처분 등 취소소송
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Details of the disposition;

A. The plaintiff A is the operator of the D Child Care Center located in Youngdong-gu, Busan Metropolitan City C Apartment-gu (hereinafter "Child Care Center of this case"), and the plaintiff B is the head of the child care center of this case.

B. The Plaintiffs received 690,000 won (hereinafter “basic childcare fees of this case”) from the Defendant following the entry of the aforementioned infants who were registered in the instant childcare center, E, and F, from October 201 to December 11, 201, and were not present for at least 11 days each month during the aforementioned period into the integrated childcare information system.

C. On June 2012, the Defendant issued an order to return subsidies to the Plaintiff A pursuant to Article 40 of the Infant Care Act with respect to the instant act of receiving basic infant care fees.

After that, on January 11, 2013, the Defendant imposed a penalty of KRW 3 million on the Plaintiff A in lieu of one month of suspension of operation pursuant to Articles 45(1)1 and 45-2 of the Infant Care Act (hereinafter “instant disposition of imposition of penalty”) on the ground that the act of receiving the basic childcare fees of the instant case constitutes “cases of receiving subsidies by false or other unlawful means,” following the hearing procedures, etc. on the Plaintiffs, and imposed a penalty of KRW 3 million on the Plaintiff B in lieu of one month of suspension of operation (hereinafter “instant disposition of imposition of penalty”), pursuant to Article 46 subparag. 4 of the Infant Care Act, one month of suspension of the principal qualification (from February 1, 2013 to February 28

(hereinafter referred to as the “disposition of suspending the principal of this case”).

On February 4, 2013, the Gyeonggi-do Administrative Appeals Commission filed a petition for suspension of execution and a petition for administrative appeal with the Gyeonggi-do Administrative Appeals Commission. On February 4, 2013, the Gyeonggi-do Administrative Appeals Commission decided that the execution of the instant disposition suspending the status of the Plaintiff B shall be suspended by the time the petition for administrative appeal is filed, and dismissed the appeal on May 2,

F. On July 18, 2013, the Defendant’s period of the instant disposition suspending the qualification for the Plaintiff B on August 5, 2013.

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