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(영문) 수원지방법원 2019.08.29 2018구합71428
불법사교육 신고포상금 예산집행 거부처분 취소
Text

1. On May 3, 2019, the Defendant filed a report among the refusal to pay a monetary reward for each illegal private education against the Plaintiff.

Reasons

Details of the disposition

A. As indicated below, the Plaintiff reported to the Defendant on the extracurricular lessons in violation of the Act on the Establishment and Operation of Private Teaching Institutes and Extracurricular Lessons (hereinafter “Private Teaching Institutes Act”), and filed an application for payment of monetary rewards based on individual reports.

(hereinafter referred to as “each report of this case” in total of the Plaintiff’s reports on the persons subject to reporting indicated below. Accordingly, the Defendant filed a criminal charge with the competent police station after undergoing on-site guidance inspections and verification of illegal teaching practices on individual reports.

Now, 1 B B on Apr. 13, 2017, the date of filing an accusation as of the date of filing an accusation as of the date of filing an accusation as of the date of filing a report by the person subject to the annual report, and as of Jun. 22, 2017, the suspension of sentence on Jun. 22, 2017, on Nov. 11, 2017, 2018.

On October 5, 2018, the defendant applied for the re-payment of the budget for the monetary reward to pay the total amount of KRW 3.59 million of the monetary reward for each of the reports in this case to the superintendent of education of Gyeonggi-do.

On October 23, 2018, the superintendent of the Gyeonggi-do Office of Education sent to the Defendant that “each of the instant reports is subject to the payment of the budget for reporting in 2017, and cannot be paid as the budget for reporting rewards in 2018, and the budget for reporting rewards in 2017 was all advanced on August 17, 2017.”

C. Accordingly, the Defendant issued a disposition rejecting the Plaintiff’s application on May 3, 2019, following the Monetary Rewards Committee, on the ground that “each of the instant reports is subject to the payment of the budget for the monetary reward in 2017 and the budget for the monetary reward in 2017 was extinguished on August 17, 2017, and thus cannot be paid the monetary reward” (hereinafter “instant refusal disposition”).

[Ground of recognition] The fact that there is no dispute, Gap evidence 1, Gap evidence 21, 22 (including each number), Eul evidence 2, 6, and 7, and the purport of the whole pleadings

2. Whether the disposition is lawful;

A. The Plaintiff’s alleged reporter is entitled to a monetary reward.

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