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(영문) 제주지방법원 2018.05.02 2017구합903
어린이집 운영위탁취소처분취소
Text

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 established the Jeju Special Self-Governing Province and operated the B Child-Care Center (hereinafter “instant Child-Care Center”) which was managed by Jeju Special Self-Governing Province (hereinafter “instant Child-Care Center”) on December 19, 2005, while serving as the president.

B. On October 29, 2010 and 2011, the Plaintiff entered into a contract with C to supply English education programs (referring to activity programs by external instructors, etc. other than age-based infant care programs according to standard infant care programs). In this regard, on October 29, 2014, the Jeju District Court rendered a judgment of conviction of KRW 3 million for the following criminal facts.

No establisher or operator of a child-care center shall collect child-care fees, etc. by fraud or other improper means.

The plaintiff and her husband D (hereinafter referred to as the "Plaintiff") enter into a contract with the special activity enterprise each year by appropriating the teaching materials and tuition allowances of the special activity program conducted in addition to the child care program by age according to the standard infant care process in the child care center of this case in excess of 30% of the actual supply price.

3. At the beginning of the Oral Art. 1, the Oral Art. 200 conspired to acquire the special activity expenses received by notifying the child (guardian) at the Oral Art. 30 of the above excessive amount to be paid monthly.

Accordingly, notwithstanding that the actual supply price of English subject among the special activities was 23,000 won per child at childcare center, the Plaintiff notified the original 30,000 won per child at the time of the attendance of 90 guardians of infant care in the child care center of this case on March 1, 2010 and received a written consent for participation in the special activities.

Therefore, on March 3, 2010, the Plaintiff received 30,000 won as special activities expenses in English from childcare children in March 2010 by such unlawful means as above, and denied KRW 7,00.

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