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All appeals by the Defendants are dismissed.
Reasons
The summary of the grounds for appeal is as follows: Defendant B was actually working as the “lost anti-government” teacher for the F Child Care Center operated by Defendant A (hereinafter “Child Care Center”); despite the fact that Defendant B did not receive subsidies by registering false facts, the lower court found Defendant B guilty of violating the Infant Care Act among the facts charged in the instant case against the Defendants.
Judgment
The Defendants asserted to the same effect as the grounds for appeal in this part of the judgment below, and the lower court recognized the credibility of the statements made by the victims, etc. and rejected the Defendants’ assertion on the grounds of detailed facts and circumstances in the part from 4th to 5th 1 of the judgment.
In full view of the facts and circumstances duly admitted and investigated by the court below, the court below’s decision on this part is justified and acceptable, and there is an error of law by misunderstanding the facts as pointed out by the defendants.
Therefore, the Defendants’ assertion is without merit.
Article 36 of the former Infant Care Act (amended by Act No. 13321, May 18, 2015; hereinafter “Infant Infant Care Act”) provides that “The State or a local government shall fully or partially subsidize expenses incurred in infant care services, such as personnel expenses of infant care teachers, as prescribed by Presidential Decree.” Article 24(2) of the Enforcement Decree of the same Act provides that “The Minister of Health and Welfare or the head of the relevant local government shall determine matters necessary for the methods of subsidizing such expenses.”
Accordingly, the Minister of Health and Welfare shall prepare guidelines for "Guidance on Infant Care Services in 2014" and specify persons eligible for payment, terms and conditions of payment, amount of payment, etc. of infant care teachers, etc., and in principle, infant care facilities shall be operated from 07:30 to 19:30 (from 200 days to 200 days).