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(영문) 대전고등법원 2015.02.12 2014누11302
어린이집운영정지처분취소 등
Text

1.The judgment of the first instance shall be modified as follows:

On August 1, 2013, the Defendant was a child care center against the Plaintiff.

Reasons

1. Details of the disposition;

A. The Plaintiff is the president of the C Child Care Center, a public child care center located in Bocheon-si B (hereinafter “instant Child Care Center”).

B. On April 5, 2013, the Defendant discovered the fact that the Plaintiff was granted subsidies by fraud or other improper means as if the Plaintiff violated the standards for the placement of childcare staff and was present during the absence period of children D registered in the instant childcare center.

C. Accordingly, on June 7, 2013, the Defendant issued a refund order of KRW 5,739,200 (hereinafter referred to as “the instant order to return subsidies”) to the Plaintiff, based on Articles 40, 45, and 46 of the former Infant Care Act (amended by Act No. 11858, Jun. 4, 2013; hereinafter referred to as the “ Infant Care Act”), with the following six months (hereinafter referred to as “instant order to suspend operation”), the suspension of the head of a childcare center’s qualification for six months (from August 1, 2013 to January 31, 2014; hereinafter referred to as “instant suspension of qualification”), the expenses and subsidies, and orders to return KRW 5,739,200 (hereinafter referred to as “the instant order to return subsidies”), and each of the instant dispositions referred to as “each of the instant dispositions”).

It shall be falsely registered as if it actually fails to meet standards for posting half-time teachers, to report the actual appointment and appointment of basic childcare fees of KRW 3,403,550 (hereinafter referred to as "grounds for Disposition 1") and to request an unfair request for half-time placement on the half-day date of posting E on December 18, 2012, the amount of KRW 438,250 F. 438,250 on March 2, 2013, the amount of KRW 1,024,930 on January 21, 2013 (hereinafter referred to as "the reasons for Disposition 1") and to take measures for infant care of the children of KRW 1,40 on January 21, 2013, the amount of which is 30, G 930, G 130, 107, 370, 370, 108, 206.

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