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(영문) 수원지방법원 2014.11.19 2013구합16532
어린이집 시설폐쇄 등
Text

1. On August 6, 2013, the Defendant issued an order to return KRW 19,136,750 among the orders to return KRW 40,280,330 granted to the Plaintiff.

Reasons

1. Details of the disposition;

A. The Plaintiff is the representative and the president who operates a child-care center of 931 Dong 102 (hereinafter “child-care center of this case”).

- Total amount of subsidies 39,535,980 - False Registration of Child Attendance 11,141,500 won (from March 2012 to February 2013) - Basic Infant Care and Infant Care Fees 25,057,980 won (from April 2012 to March 3, 2013) due to the International False Registration - Part-time Teachers - KRW 2,400,000 for the improvement of H treatment costs of part-time teachers - KRW 936,500 for the use of subsidies - Child Care Center fixtures 74,350 won

B. On March 4, 2013, teachers D, E, F, and cooking department G, who had worked in the instant childcare center, reported falsely the number of children present at the instant childcare center to the Defendant, and received a civil petition with the content that the part-time teacher H was falsely registered as a senior class teacher, received childcare fees and treatment improvement expenses, and purchased laundrys, etc. as operating expenses at the childcare center, and used them at the Plaintiff’s office, which is the president.

(hereinafter referred to as the “civil petition of this case”).

On June 27, 2013, the Defendant confirmed the authenticity of the above civil petition contents, and notified the Plaintiff of the following matters as the cause of the disposition. D.

After undergoing the hearing procedure, etc., on August 6, 2013, the Defendant closed the instant child care center pursuant to Articles 40, 45(1) and 46 of the former Infant Care Act (amended by Act No. 11858, Jun. 4, 2013; hereinafter “Child Care Act”) and Articles 38(1) and 39 of the former Enforcement Rule of the Infant Care Act (amended by Ordinance of the Ministry of Health and Welfare No. 233, Mar. 7, 2014; hereinafter “Enforcement Rule of the Infant Care Act”), and closed the instant child care center (hereinafter “the instant closure facility”) and received subsidies, or received subsidies based on false reports on the number of days of attendance at the school, and combined details of subsidies = KRW 40,280,30,40,4280,30, and 30 of the former Enforcement Rule of the Infant Care Act (hereinafter “Enforcement Rule of the Infant Care Act”).

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