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(영문) 인천지방법원 2016.12.22 2016고정2330
영유아보육법위반
Text

Defendant shall be punished by a fine of KRW 2,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

From February 5, 2009 to March 29, 2016, the Defendant is a person who operates infant and child care facilities in the trade name of “E childcare center” on the first floor of Yeonsu-gu Incheon, Yeonsu-gu, Incheon, from September 1, 2015 to February 28, 2016, and F is a person who works for the said “E childcare center” as an assistant teacher.

In principle, a teacher in charge of a child-care center shall work from 09:00 to 18:00, and only a teacher in charge registered in the jurisdiction of the Gu may be paid a teacher's allowance (work environment improvement expenses, improvement of treatment expenses, and research activities expenses), and a part-time teacher such as a part-time teacher shall not be paid a teacher's allowance from the Gu office, and a child-care center registered as a teacher in charge of a child-care center shall not be paid basic infant care fees on the premise of a teacher in charge.

Nevertheless, in collusion with F, the Defendant: (a) in collusion with F, filed a false registration of a teacher with the said “E Child Care Center” from around September 2, 2015 to January 22, 2016 as a teacher working on the preceding day at the Yeonsu-gu Incheon Metropolitan Government Office even though he/she had worked half-day from around 09:00 to around 14:00; (b) applied for a false registration of a teacher’s allowance; and (c) was granted by the said office of Yeonsu-gu in Yeonsu-gu, Yeonsu-gu, as a basic childcare fee, a total of KRW 6,343,020 of the subsidies, including KRW 4,053,00,

Summary of Evidence

1. Partial statement of the defendant;

1. Police suspect interrogation protocol regarding F;

1. A copy of the work book attached to a written accusation, and a copy of employment contract;

1. Application of Acts and subordinate statutes to investigation reports (Attachment to details of payment of childcare expenses in the Yeonsu-gu Office);

1. Article 54 (2) 1 of the Infant Care Act, Article 30 of the Criminal Act and the selection of fines for the crime;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Judgment on the assertion by the Defendant and the defense counsel under Article 334(1) of the Criminal Procedure Act

1. The assertion that the defendant has worked from 9:0 a.m. to 2:0 p.m. in the child care center of this case as if he had worked 8 hours in the child care center of this case and reported it to the competent authorities, but F.

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