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(영문) 대구지방법원 2018.01.17 2017구합23140
보조금 환수 및 개선명령 처분 취소 청구의 건
Text

1. All of the plaintiff's claims are dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Details of the disposition;

A. The Plaintiff is a child rearing facility under Article 52(1)1 of the Child Welfare Act and a social welfare foundation that establishes and operates “A”, which is a social welfare facility under Article 34(4) of the Social Welfare Services Act (hereinafter “instant welfare facility”).

B. On April 2017, the Defendant issued an order to return subsidies (hereinafter “instant order to return subsidies”) and an order to improve the facility (hereinafter “order to improve the facility of this case”) to the Plaintiff on July 7, 2017, on the grounds as follows: (a) the Defendant issued a guidance and inspection on the instant welfare facility; and (b) each of the above dispositions was referred to as “instant disposition”).

[Disposition Orders] Grounds for Disposition

1. Purchasing food services among sponsors at the night of events with special meal expenses (hereinafter referred to as "reasons for first disposition");

2. Failure to operate and manage facilities, such as the operation of the A Steering Committee (hereinafter referred to as "reasons for second disposition");

3. Inappropriate receipt and processing of futures and coffees for support payment (hereinafter referred to as "reasons for disposition 3");

4. Disposition of deficiencies in the process of taking over the affairs due to the leave of workers (hereinafter referred to as "reasons for disposition No. 4").

1. Redemption of subsidies of 185,800 won;

2. Improvement order - The management of subsidies, the operation of the Steering Committee, the management of support payments, the thoroughly disposing of the transfer agent after the designation of a business agent at the time of leave of workers in the facility - Article 61 of the Child Welfare Act - Article 42 of the Social Welfare Services Act (Order of Return of Subsidies, etc.) - Article 34 (3) of the Social Welfare Services Act (Prohibition of Use of Social Welfare Facilities for Other Purposes) - Article 36 of the Social Welfare Services Act (Prohibition of Use of Subsidies), Article 24 of the Enforcement Rule of the Social Welfare Services Act (Establishment, Operation, etc. of Operating Committee) - Article 45 of the Social Welfare Services Act (Management of Support Payments) - Article 4

1. Amount to be returned: 185,800 won to be returned: The method of return (one day, Kim (one day) to be purchased by the sponsor during night events: A lump sum payment (written notice).

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