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Reasons
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(영문) 전주지방법원 2017.09.28 2016구합1001
어린이집 운영정지처분 등 취소
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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 is the representative of the C Child Care Center located in 103 Dong 106, Dong 106 (hereinafter “instant Child Care Center”).

B. On January 25, 2016, the Defendant issued an order to return KRW 1 year (from March 1, 2016 to February 28, 2017) of the instant childcare center (from March 1, 2016 to February 28, 2017), the subsidy of KRW 17,130,680, on the ground that the instant childcare center imposed an order on the Plaintiff to suspend the operation of the instant childcare center on the grounds that there was a false claim or payment of subsidies due to the failure to perform

(2) The term “instant disposition” means the sum of KRW 17,130,680, and KRW 15,575,680, and KRW 16,680, and KRW 1030,00,00, in relation to the violation of the standards for the placement of infant care teachers (building substitute ratio) from March to October, 2015; and KRW 16,605,680, and KRW 1030,00,00, in total, for the improvement of school teacher treatment from March 2015 to November 201, and KRW 525,00,00, in relation to the violation of the name of the president.

C. The Plaintiff dissatisfied with the instant disposition and filed an administrative appeal on February 19, 2016, but the Jeollabuk-do Administrative Appeals Commission dismissed the said claim on April 29, 2016.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, 3, Eul evidence 1, the purport of the whole pleadings

2. Determination on the legitimacy of the instant disposition

A. The gist of the Plaintiff’s assertion 1) The Plaintiff did not have been operated by lending the name of the head of the child care center in this case. 2) The Plaintiff, as an infant care teacher, was working for 8 hours from D2 to 8 hours, and accordingly, complied with the school substitute child ratio.

3 As of March 2015, four of five children who were affiliated with D2 groups, who were aged between 1 and under 2 years of age, must have one infant care teacher per five infants. Thus, the above provision shall apply to other infant care teachers.

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