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(영문) 창원지방법원 2020.08.13 2019구합52599
영유아보육법 위반 어린이집 행정처분 결정 취소
Text

1. The Defendant’s administrative disposition against the Plaintiffs on May 16, 2019, including the day care center violating the Infant Care Act.

Reasons

1. Details of disposition;

A. The Plaintiff-based social welfare foundation A (hereinafter “Plaintiff-based social welfare foundation”) is a social welfare foundation established for the purpose of infant care services, and the Plaintiff-based social welfare foundation C establishes and operates the D child care center, which is infant and child care facilities

Plaintiff

B is the head of the D Child Care Center.

B. The D Child Care Center shall be comprised of nine infant-care teams E2, 3, 4, F1, 2, 3, G, H1, 1, 2, and 2, three infant-care teams for those aged 3 or older, and three infant-care teams for those aged 3 or older, J, K, K1, and one child-care teacher shall be placed in each Ban.

C. On May 16, 2019, the Defendant issued a corrective order to the Plaintiffs to return KRW 1,656,00 (3), special activity expenses, KRW 7,519,00 (22), and KRW 19,247,60 (80), and other necessary expenses (hereinafter “instant corrective order”) to the Plaintiffs, one year (from August 1, 2019 to July 31, 2020), the suspension of the president’s qualification for the Plaintiff B (hereinafter “instant order”). The Defendant issued a corrective order (hereinafter “instant order”).

(hereinafter referred to as “instant disposition” in total). After completing the procedures prescribed in Articles 21 and 22 of the Administrative Procedures Act with respect to childcare centers violating the Infant Care Act (D Child Care Centers), the following administrative dispositions are notified pursuant to Articles 45 (Closure of Child Care Centers), 46 (Suspension of Qualifications for Heads of Child Care Centers), 40 (Order for Refund of Expenses and Subsidies), and 44 (Order for Correction or Modification) of the Infant Care Act, the head of the State shall be subject to the direction of the administrative disposition.

In addition, the return of a subsidy due to an administrative disposition shall be made by June 28, 2019, and the submission of a plan to take measures against childcare children and a plan to dispose of facilities and property for childcare children shall be completed by July 26, 2019 and the main time shall be reached.

A false claim shall be made for subsidies ( personnel expenses for infant care teachers) for administrative disposition violations.

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