1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. Details of the disposition;

A. From March 9, 2007, the Plaintiff is the head of the kindergarten C in Seo-gu Incheon, Seo-gu.

B. On August 25, 2014, according to the Incheon Early Childhood Education Management Plan in 2013 and 2014, the Defendant issued the instant disposition ordering the Plaintiff to return the said money on the ground that the Plaintiff received KRW 17,412,080 in total of the subsidies for after-school programs, including the after-school program group, even though the Plaintiff’s children who received less than eight hours of education per day were excluded from those eligible for subsidies for after-school programs.

[Ground of recognition] Facts without dispute, Gap evidence No. 1, Eul evidence No. 10, the purport of the whole pleadings

2. Determination on this safety defense

A. 1) The Defendant filed the instant lawsuit on December 4, 2014, which was 90 days after the Plaintiff was notified of the instant disposition on August 25, 2014. As such, the instant lawsuit is lawful on the ground that the period for filing the lawsuit is excessive and thus, the instant lawsuit is deemed unlawful. 2) According to Article 26 of the Plaintiff’s Administrative Procedures Act, if an administrative agency issues a disposition, it notifies the parties of whether the administrative agency may file an administrative appeal or administrative litigation regarding the disposition. However, the Defendant failed to perform the duty of disclosure under the above provision at the time of the instant disposition, and the Plaintiff was not aware of the method of filing the appeal or the period for filing the objection. Therefore, the instant lawsuit is lawful.

In addition, since the plaintiff filed an application for re-deliberation and withdrawn it as the defendant's re-adjudication, the period of filing a lawsuit shall be calculated from September 24, 2014, which was filed by the plaintiff, and the lawsuit of this case filed within 90 days thereafter is lawful.

B. A suit seeking revocation shall be filed within 90 days after the person becomes aware of the disposition (main sentence of Article 20(1) of the Administrative Litigation Act), and the period for filing the suit shall be a peremptory term (Article 20(3) of the Administrative Litigation Act), provided that a party is not liable.