1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

1. Basic facts

A. From June 13, 2011, the Plaintiff has been serving as the president of C Child Care Center of a social welfare foundation C (hereinafter “C Child Care Center”) located in D in women’s cities.

B. On March 6, 2014, the Defendant issued a disposition suspending the instant disposition for one year (hereinafter referred to as “instant disposition”) of the president pursuant to Article 46 Subparag. 4 of the former Infant Care Act (amended by Act No. 11858, Jun. 4, 2013; hereinafter the same shall apply), Article 39(2) [Attachment Table 10] 2, D, 1) of the Enforcement Rule of the same Act (amended by Ordinance of the Ministry of Health and Welfare No. 233, Mar. 7, 2014; hereinafter the same shall apply), and Article 39(2) [Attachment Table 10] of the Enforcement Rule of the same Act (amended by Ordinance of the Ministry of Health and Welfare No. 2333, May 1, 2014); and

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, Eul evidence Nos. 1 and 2, the purport of the whole pleadings

2. Whether the disposition is lawful;

A. First, on November 30, 2008, C Child Care Center paid money in the name of the cost of cooking personnel as the childcare fee because it was not paid the labor cost subsidy for employees of the cooking department by November 30, 2008. Since childcare fees do not constitute subsidies under Article 36 of the former Infant Care Act, childcare fees are not deemed subsidies, and therefore, it is limited to “any false or other unlawful means” as to the cost of cooking personnel up to November 30, 2008 (hereinafter “illegal means”).

(2) The pertinent provision of the former Enforcement Rule of the Infant Care Act (hereinafter “instant provision”) provides that the suspension of qualification shall be imposed for one year, even in cases where the head of a child care center commits a violation of a subsidy of at least five million won by unlawful means, such as falsely registering the child or infant care teacher and staff, etc., and that the relevant provision of the former Enforcement Rule of the Infant Care Act (hereinafter “instant provision”) provides that the suspension of qualification shall be imposed for more than the number of violations.