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The defendant is not guilty. The summary of the judgment against the defendant shall be published.
Reasons
1. Summary of the facts charged
A. On February 1, 2017, the Defendant: (a) promised to borrow a child-care center president’s license from a police officer B to a 200,000 won per month; (b) on March 1, 2017, the Defendant operated a child-care center under the said B’s name on the first floor of D Dong in Kim Sea-si C from March 1, 2017 to October 24, 2017.
B. The Defendant was granted subsidies of KRW 5,948,680, and KRW 200,00 for the improvement of the treatment of infant care teachers from around March 2017 to October 2017, 2017, including KRW 1,760,00 for the improvement of the working environment of teachers from around March 2017 to around October 2017, and KRW 7,908,680 for the total of KRW 1,760,00 for the improvement of the teachers’ working environment from around October 2017.
2. Determination
(a) The principal of a child-care center who makes a judgment on lending his/her qualification certificate shall exercise overall control over the child-care center, guide and supervise infant care teachers and other employees,
(Article 18(1) of the Infant Care Act (Article 18(1) of the Infant Care Act). In the instant case, it is recognized that: (a) the Defendant sought to open the E Child Care Center on March 1, 2017 to serve as the original “Director”; (b) but (c) the Defendant did not receive education on duties and became disqualified as the head of a private child care center; (d) the Defendant requested B, who had worked as “F” infant care teacher at the home childcare center operated by the Defendant before February 2, 2017, to serve as the head until he/she satisfies the qualification as the head
However, in the actual operation process of the E Child Care Center, B is recognized as a full-time employee in the instant child care center and performing D affairs, including preparation of various documents and safety education, according to the status as the president even while mainly performing his/her duties as the child care teacher (such as wages paid in addition to KRW 200,000,000).