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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. From December 3, 1998 to December 3, 1998, the Plaintiff is the president of C Child Care Center, a private child care center located in Gangseo-gu, Daegu (hereinafter “instant Child Care Center”). The instant Child Care Center was selected as a public child care center on May 27, 2013.
B. On July 16, 2013, the head of the Daegu Metropolitan City Seo-gu Office (hereinafter “the head of the Gu”) issued a guidance and inspection on the childcare center of this case on July 16, 2013, that even though the Plaintiff, as a child care teacher, D, the Plaintiff, at the time of absence of a hospital, etc., requested subsidies to E, while making the Plaintiff take charge of the paga four times in the absence of a hospital, etc., it was determined that the Plaintiff was unjustly paid the F’s benefits by allowing the infant care teacher G to operate the vehicle.
The reason for the disposition is that CO infant care teacher D is an unqualified person (E) in the absence of a hospital due to medical examination and treatment and reports the appointment and dismissal of FO driver F in the absence of a subsidy claim (hereinafter “the reason for the disposition”) but the actual driving is that the infant care teacher G operates the vehicle and receives unfair payment (hereinafter “the reason for the disposition”).
C. On August 30, 2013, the head of the relevant month notified the Plaintiff of the prior disposition, received the Plaintiff’s written opinion from the Plaintiff, and followed the hearing on September 16, 2013, and on November 1, 2013, he/she issued an order to the Plaintiff to impose a penalty surcharge of KRW 30,00,000 in lieu of nine months of the suspension of operation pursuant to Article 40 subparag. 3, Articles 45, 45-2, and 46 subparag. 4 of the Infant Care Act for the following reasons, and Article 38 and Article 39 of the Enforcement Rule of the same Act: (a) impose a penalty surcharge of KRW 30,00 in lieu of nine months of the suspension of operation; (b) impose a fine of KRW 6,406,20 (the details of receipt of the basic infant care fee in attached Form; and (c) impose a basic infant care fee of KRW 3,206,200 and KRW 3,200 (hereinafter referred to “i”).
The plaintiff appealed against this and filed an administrative appeal, but Daegu Metropolitan City.