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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. The Plaintiff was the operator and the president of the “C Child Care Center” located in Yeonsu-gu Incheon Metropolitan City building B (hereinafter “instant Child Care Center”), and D from September 1, 2015, as a child care center E (2 years old) teacher.
B. On March 25, 2016, the Defendant issued an order to return subsidies (basic childcare fees) 1,652,000 won pursuant to Articles 40, 45, and 46 of the Infant Care Act, three months (period: May 2, 2016 to August 1, 2016) of the suspension of the operation of a child care center, three months (period: May 2, 2016) of the suspension of the qualification of the head of a child care center (period: May 2, 2016 to January 22, 2016) on the ground that “D was a temporary teacher who worked half of the day from December 21, 2015 to January 22, 2016, but the Plaintiff was falsely prepared and received subsidies in a false manner (hereinafter “existing disposition”).
C. Upon filing the instant lawsuit seeking revocation of the previous disposition, the Plaintiff applied for suspension of the operation of a child care center for three months during the previous disposition and suspension of the qualification for the president of a child care center for three months. On April 27, 2016, this court notified the decision that the effect of the above disposition is suspended until the judgment of this case is rendered.
On the other hand, on August 19, 2016, the Plaintiff reported the closure of the instant childcare center, and the Defendant accepted it.
After that, on September 20, 2016, the Defendant confirmed that D had not worked on the day from September 1, 2015 to December 20, 2015 and had worked on the half day until December 20, 2015. Ultimately, D had worked on the half day without working on the day from September 1, 2015 to January 22, 2016, and even if D had worked on the half day, the Plaintiff was falsely prepared a work book of D and received subsidies unlawfully pursuant to Articles 40 and 46 of the same Act, the Defendant revoked the previous disposition ex officio, and again received subsidies in accordance with Articles 40 and 46 of the same Act = 2,120,00 childcare allowance for infant care teachers 680,000,00 childcare allowance for improvement of the working environment of teachers' childcare teachers 940,500,000 won for childcare research activities.