The defendant's appeal is dismissed.

1. The summary of the grounds for appeal is that the Infant Care Act shall apply not only to the Subsidy Management Act but also to the Infant Care Act.

E has been on duty as a 2-half of the Rule 10, and has been driving two-hours per day during working hours.

in the absence of a full-time teacher’s duties;

shall not be deemed to exist.

Nevertheless, the lower court erred by misapprehending the facts and misapprehending the legal doctrine.

2. The Defendant also asserted the same purport as the grounds for appeal in the lower judgment.

First of all, as to the defendant's assertion on the relation of crime acceptance, the crime of violation of Article 54 (2) of the Infant Care Act and the crime of violation of Article 40 of the Subsidy Management Act, as properly stated by the court below, have a relationship of common concurrence.

I seem to appear.

Next, according to the guidance on infant care services prepared by the head of health and welfare division in accordance with the health care unit, Article 36 of the Infant Care Act, and Article 24 (2) of the Enforcement Decree of the Infant Care Act as to whether E violated the former obligation of infant care teachers, child care teachers must be "former" and on the premise of this, they are obliged to provide subsidies to infant care teachers. This seems to have an inherent intention to promote the qualitative improvement of infant care services through poor treatment and wage preservation of infant care teachers.

However, even if the defendant's assertion is based on the defendant's assertion, E is operating a vehicle for child care centers from 8:10:0 p.m. to 9:20 p.m. a day, from 15:30 p.m. to 16:20 p.m., from 17:30 p.m. to 18:00 p.m., on three occasions, from 17:30 p.m. to 18:00 p.m.,

On the other hand, there is no gap in infant care, and in such a case, it seems that it is contrary to the purpose of forcing infant care teachers to transfer their duties and granting subsidies.

In addition to the circumstances stated by the court below, E.