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(영문) 대구고등법원 2019.09.27 2019누2665
어린이집운영정지등 처분 취소
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

1..

Reasons

1. On March 28, 2017, the Plaintiff filed a claim with the Defendant for the cancellation of the disposition of return of subsidies of KRW 2,798,00, the return of KRW 3,453,260, the disposition of unjust enrichment of KRW 3,453,260, the disposition of suspension of operation of a child care center (one year) and the revocation of the disposition of cancellation of qualification as the president.

Therefore, the scope of this court's adjudication is limited to the remainder of the plaintiff's claim, namely, (1) the return disposition of subsidies, (3) the suspension of operation of child care centers, and (4) the revocation disposition.

2. The following facts are either in dispute between the parties, or acknowledged by the purport of Gap evidence Nos. 6, 11, and 13 and all pleadings, and there is no reflective evidence:

The plaintiff is a person who operates a child-care center under the trade name of "C child-care center" (hereinafter referred to as "child-care center in this case").

B. On November 22, 2016, the Defendant notified the Plaintiff of the details of the disposition in accordance with Article 21(2) of the Administrative Procedures Act as follows, and notified the Plaintiff of the request for submission of a written opinion by no later than the date of the hearing on December 5, 2016.

(A) A. Subsidies and social services costs have been granted in a false or fraudulent manner that constitutes the grounds for the disposition.

-Child care teachers (D) and infant care children (E) have been falsely registered.

Article 40 subparagraph 3 (Order to Return Expenses and Subsidies) of the Infant Care Act - Article 45 (1) 1 (Closure, etc. of Child Care Centers) of the Infant Care Act - Article 48 (1) 5 (Cancellation of Qualification as Head of Child Care Centers) of the Infant Care Act - Article 21 of the Act on the Use of Social Services and the Management of Vouchers (hereinafter referred to as “Social Services Vouchers Act”).

C. The defendant is against the plaintiff.

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