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(영문) 서울행정법원 2013.04.05 2012구합38022
공공형어린이집선정취소처분취소
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 February 21, 2001, the Plaintiff operated the “C Child Care Center” (hereinafter “instant Child Care Center”), which is a private child care facility, in Jeju-si, B, and the Defendant, on September 15, 2009, appointed the instant Child Care Center as a public child care center on December 29, 201, after the evaluation and certification (term of validity: from October 1, 2009 to September 30, 2012) was issued on September 15, 2009.

B. Around April 2008, D (E) who is a child of a multicultural family, entered the child care center of this case and graduated from February 19, 201. From December 27, 2009 to March 31, 2010, D (E) retired from the Republic of Korea to Japan for visiting.

C. D’s guardian paid the sum of KRW 418,00,000 (each 209,000,000) on February 31, 2010 and March 2010, 2010 with the Ive Card, which is a credit card, and KRW 418,000,00, including childcare fees, around May 201, 2010, respectively, and KRW 378,400 among them (each 103,200,000,000,000) is a childcare fee grant.

On June 25, 2012, the Jeju Mayor issued a disposition to refund subsidies of KRW 2,068,40 in accordance with Article 40 of the Infant Care Act on the ground that the Plaintiff received the total of KRW 378,400 and KRW 2,068,40, respectively, of the basic infant care fees of KRW 845,00 on February 2, 2010 and March 2010. On July 19, 2012, the said disposition was changed to the refund of KRW 378,400 by reducing the total of the basic infant care fees of KRW 1,690,000 from the above refund amount.

E. On July 20, 2012, the Jeju Mayor issued a disposition of imposition of a penalty surcharge of KRW 3,900,000 in lieu of one month of the suspension of the operation of a child care center and two months of the suspension of the qualification for the head of the kindergarten (from August 1, 2012 to September 30, 2012) on the ground that the Plaintiff was paid the said subsidies of KRW 378,400 to the Plaintiff by unlawful means, but the period of suspension of the qualification for the head of the kindergarten was changed on July 31, 2012 from October 1, 2012 to November 30, 2012.

(f) On August 9, 2012, Jeju Mayor imposes on the Plaintiff a subsidy return order or a penalty surcharge in lieu of suspension of the operation of a child care center.

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