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(영문) 인천지방법원 2019.12.12 2018구합54228
개선명령처분 무효확인 등
Text

1. The primary claim and the conjunctive claim shall be dismissed; and

2. The Defendant’s ancillary disposition on January 15, 2018.

Reasons

B. From A. to August 4, 2017, along with Incheon Metropolitan City, guidance and inspection on self-support facilities for homeless persons, including the instant facilities, was conducted, and confirmed that subsidies for self-support project costs of KRW 204,632,260 were paid from 2013 to 2017 as personnel expenses for the head of E Company and household electrical workers.

C. On January 15, 2018, the Defendant issued an improvement order to return KRW 204,632,260 of the subsidy for self-support project costs granted to the instant facilities as indicated in the following table, on the ground that the subsidy was used for any purpose other than originally intended purposes, pursuant to Article 40(1)4 of the Social Welfare Services Act and Article 26-2 [Attachment 4] of the Enforcement Rule of the Social Welfare Services Act (hereinafter “instant disposition”).

(g) the name of the facility (g) the registration (report) number of the rest place for the second male homeless person (facility head) number A resident registration number*********** reasons for disposition of the Gyeyang-gu Incheon Metropolitan City representative (facility head)*

1. Improperly granting a subsidy for self-support assistance projects - The head of a center in charge of overall management and management of a company in the form of a stock company under the Commercial Act on December 10, 2012 and the head of a household in charge of repairing recycled products as a subsidy for self-support projects to a male homeless person, even though he/she is separated and independent from a corporation in the form of a stock company on December 10, 2012, shall be paid as a subsidy for self-support projects of a male homeless person under Article 40 (1) 4 of the Social Welfare Services Act (if accounting fraud, illegal act, or other improper act is discovered) of the Social Welfare Services Act (1j) in violation of the purpose of the subsidy, the improvement order (1j) of administrative disposition (2013 to July 2017) is in violation of the purpose of the subsidy (payment).

D. On January 29, 2018, the primary Plaintiff filed an administrative appeal seeking the revocation of the instant disposition, and the Incheon Metropolitan City Administrative Appeals Commission on June 2018.

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