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(영문) 광주지방법원 2015.01.15 2014구합11052
보조금반환명령취소 등
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. Plaintiffs A is the head of the D Child Care Center in Gwangju North-gu, and Plaintiff A is the head of the D Child Care Center in Gwangju-gu, while Plaintiff B is the head of Plaintiff A, who served as the child care teacher of the said Child Care Center.

B. On-site inspections conducted on child care centers by the Ministry of Health and Welfare, and public officials in charge of the Seoul Metropolitan City North-gu Office jointly conducted on January 22, 2014 on-site inspections on D child care centers (hereinafter “on-site inspections”). As a result, Plaintiff B, who was appointed or reported to the Defendant as D child care teachers of D child care centers, did not take charge of infant care services for the newly-school nurse registered as a teacher for six months from August 2013 to January 2014, and Nonparty B, who worked as an assistant nurse at the above child care center, was found to have been in charge of infant care services for the newly-school nurse without qualifications of E child care teachers.

C. The Defendant rendered the following dispositions against the Plaintiffs, such as the Defendant’s return of subsidies:

(1) On April 19, 2014, the Defendant did not take charge of the Plaintiff’s infant care teacher’s duties under Article 40 subparag. 3 of the Infant Care Act (Article 45(1)1, Article 45-2(1)1, and Article 45-2(1)1 of the Infant Care Act (Article 45-2(1)1 of the Infant Care Act), on May 19, 2014, with a penalty surcharge of KRW 26,100,00 in lieu of the suspension of operation of the child care center under Article 46-2(1)1 of the Infant Care Act (Article 46(1)3 months of the Infant Care Act (from July 1, 2014 to September 30, 2014) during the suspension period of three months of the Plaintiff’s qualification for the head of the child care center under Article 46(1)1 of the Infant Care Act (Article 40 subparag. 14, 2014).

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