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(영문) 서울고등법원 2018.09.06 2018누39937
보육교사자격취소처분 등 취소
Text

1. Of the judgment of the first instance, the part against Plaintiff A, which falls under any of the following subparagraphs, and against Plaintiff B.

Reasons

1. Details of the disposition;

A. Plaintiff A is a person who operated the “E Child Care Center” located in Pyeongtaek-si D (hereinafter “instant Child Care Center”) from March 2013 to June 2016, and Plaintiff B is a child of Plaintiff A, who claims that Plaintiff B worked as a child care teacher at the instant Child Care Center from August 2013 to February 2016.

B. On March 15, 2016, the Defendant: (a) received a false report on a civil petition for non-use of childcare centers by the Ministry of Health and Welfare; and (b) conducted an investigation on the fact that the instant childcare center had registered childcare staff and children; (c) on July 11, 2016, the Defendant issued the following dispositions with regard to the Plaintiff as follows: (a) “Director, Infant Care Teachers, Child False Registration”; (b) the title of childcare teachers; (c) the name of childcare teachers; and (d) the unjust receipt of subsidies and childcare fees; and (d) the Plaintiff Company concurrently held office as a cook although he/she had to serve as a full-time childcare teacher; and (e) the Plaintiff

The contents of the disposition (the other party) refund of 1 subsidy of KRW 51,371,430 on the ground of the disposition (the plaintiff A) and Article 40 subparagraph 3 of the Infant Care Act (the plaintiff A) were dismissed in the case of the false registration of infant care teachers N,O, and P, and it was subject to refund after receiving the compensation for improvement in treatment even

(3) The sum of the basic childcare fees for infant care teacher registration of KRW 28,00,430 (Plaintiff A2,08,000, KRW 14,010,00, KRW 8,500, KRW 225,000, KRW 170,000, KRW 200, KRW 200, KRW 200, and KRW 200,000) due to false infant care teacher registration (Plaintiff A2,08,000, KRW 12,890, KRW 160, KRW 230,00, KRW 230,00, KRW J12,792, and KRW 270, KRW 96,00, KRW 200, KRW 43,87,570, and KRW 200) due to false registration of child (M) and KRW 28,00,000, KRW 170,000, KRW 3757,07,0

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