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(영문) 대구지방법원 2017.07.14 2017구합20264
원장자격정지 취소
Text

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 the president of the C Child Care Center (representative: D; hereinafter “instant Child Care Center”) located in Seo-gu, Daegu.

B. On November 24, 2005, the child care center of this case was authorized as a child care center under the Infant Care Act, and is operated with six infant care teachers (E, F, D) and 34 children (4 children).

C. On January 19, 2016, the Defendant was informed of the actual condition of the operation of the instant childcare center and inspected the instant childcare center on January 19, 2016. As a result, the Defendant confirmed that (i) infant care teachers E was working for only 6 hours and 30 minutes (0:30-16:00) from September 2015 to December 30, 2015; (ii) infant care teachers F were working for only 6 hours and 30 minutes (0:0-15:30) from December 1, 2015; and (iii) childcare teachers, who are representatives and infant care teachers, did not work as infant care teachers due to vehicle operation, event participation, accounting affairs, etc.

On November 18, 2016, the Defendant issued a disposition against the Plaintiff and D, such as return of subsidies, suspension of operation of child care centers (replacement of penalty surcharges), revocation of evaluation certification, suspension of qualification for the president, six months of accusation, accusation, corrective order (six months of suspension of qualification for the Plaintiff) pursuant to Article 30(5)3, Article 40 subparag. 3, Article 44 subparag. 3, Article 45(1)1, Article 45-2(1), Article 46 subparag. 4, and Article 54(2)1 of the Infant Care Act (hereinafter “instant disposition”).

[Violation] 【Unlawful receipt of subsidies for part-time childcare teachers - Child care teachers E shall be 09:30 to 16:00 ( September 2015 to December 2015); infant care teachers F shall be 09:0 to 15:30 ( December 2015); and childcare teachers shall be 09:0 to 15:30 ( December 2015); and shall be 8.50,000 won to apply for subsidies - They shall be 360,000 won to improve the working environment - They shall be 3.65,00 won to improve the working environment - They shall be 2,275,620 basic infant care teachers - Representative and childcare teachers shall be d shall not transfer to school bus operation, preparation for events, and accounting of December 12, 2016; but they failed to comply with the “ratio of school substitute children” on January 74.

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