The appeal is dismissed.

The costs of appeal are assessed against the Plaintiff.

The grounds of appeal are examined.

1.(a)

According to the former Infant Care Act (amended by Act No. 13321, May 18, 2015; hereinafter “former Infant Care Act”), the State or local governments shall fully or partially subsidize expenses incurred in the establishment of child care centers, personnel expenses of infant care teachers, expenses incurred in excessive infant care, etc., as prescribed by Presidential Decree (Article 36), and may order the establisher or operator of child care centers to return all or some of the expenses and subsidies already granted, if he/she has received subsidies by fraud or other improper means (Article 36).

(Article 40 subparagraph 3); The Minister of Health and Welfare, a Mayor/Do Governor, or the head of a Si/Gun/Gu may order the establisher or operator of a child-care center to suspend the operation of the child-care center for a period not exceeding one year, or to close the child-care center

(Article 45 (1) 1): Provided, That where it is necessary to order the suspension of operation of a child-care center, if such suspension of operation is likely to cause serious inconvenience to infants and protectors or otherwise undermine public interests, a penalty surcharge not exceeding 30 million won may be imposed in lieu of the suspension of operation of the child-care center

(Article 45-2 (1). In addition, the Minister of Health and Welfare may suspend the qualification of the head of a child-care center within the scope of one year, if the head of the child-care center obtains a subsidy by fraud or other improper means or uses

(Article 46 subparagraph 4). (b)

Article 24 of the Enforcement Decree of the Infant Care Act, according to delegation of Article 36 of the former Infant Care Act, provides that the State or local governments shall fully or partially subsidize expenses incurred in the establishment, extension, repair, and repair of childcare centers, personnel expenses for infant care teachers, etc. within budgetary limits (paragraph (1)), and the method of subsidizing such expenses, etc.

(2) Pursuant to this paragraph.