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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Details of the disposition;
A. The Plaintiff is a social welfare foundation that establishes and operates “C” (hereinafter “instant facilities”) which is a facility for persons with intellectual disabilities located B in the racing-si.
B. On January 15, 2016, the Anti-Corruption and Civil Rights Commission received a report from the Defendant that the instant facilities were unlawfully receiving subsidies, and subsequently transferred the report to the Defendant on February 5, 2016.
C. Accordingly, the Defendant issued an administrative disposition ordering the improvement of the instant facilities (hereinafter “instant disposition”) pursuant to Article 40(1)4 of the Social Welfare Services Act and Article 26-2 [Attachment Table 4] of the Enforcement Rule of the same Act on June 29, 2016, on the ground that the instant facilities constituted “when accounting fraud, illegal act, or other improper act has been discovered” and the procedures for giving prior notice and presenting opinions on May 23, 2016 were followed.
When the Social Welfare Services Act - Article 40(1)4 of the Act on Welfare of Persons with Disabilities - When any unfair act related to the operation of other accounts and facilities occurs - Acts and subordinate statutes based on which the representative of one corporation uses public charges (electric charges, gas charges, rent) and water purifiers - for the purpose other than the purpose of use 18,836,906 won for the installation of his personal house in the facility - When any unlawful act related to the operation of other accounts and facilities - Article 62(1)4 of the Act on Welfare of Persons with Disabilities - Article 40(1)4 of the Social Welfare Services Act - The amount subject to an order to improve the details of administrative disposition attached Table 4 (1) of the Enforcement Rule of the Social Welfare Services Act (the first violation) (the first violation) of Article 26-2 of the Enforcement Rule of the Act on Welfare of Persons with Disabilities - the amount subject to the violation 18,836,005,00 won for the installation of the personal house in the facility -
D. Next, on July 11, 2016, the Defendant issued a total of KRW 104,400,806 to the Plaintiff, among the total amount of the above violation, from the Plaintiff on July 11, 2016.