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1. All of the plaintiff's claims are dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
Details of the disposition
A. The Plaintiff is the founder, operator and president of the instant childcare center, who is operating the “C childcare center” in Daejeon-gu B (hereinafter “instant childcare center”).
B. From March 23, 2018, D worked as infant care teachers at the instant childcare center from March 23, 2018, and retired on August 31, 2018.
During the above period, D stated that he had worked from 09:0 to 18:00, but actually worked from 08:45 to 16:30,00 each month for the three-month period during which he received 1,890,000 won each month as monthly salary from the Plaintiff, and returned 2,750,000 won each for the three-month period during which he/she had worked as a training period, and 490,000 won each for the two-month period during which he/she had worked as a training period (i.e., three months x 590,00 won x 2 months x 490,000 won x 490,000 won x 490,000 won, and 2,150,000 won out of them as subsidies in terms of personnel expenses) to the Plaintiff.
C. On September 7, 2018, the Defendant received a report on the illegal receipt of childcare staff’s benefits at the instant childcare center on November 1, 2018, and conducted on-site inspections on the instant childcare center (hereinafter “on-site inspections”). D.
According to the results of the on-site inspection of this case, on December 21, 2018, the Defendant imposed a penalty surcharge of KRW 6,300,00 in lieu of the three months of suspension of operation under Articles 40 subparagraph 3, 45 (1) 1 (Article 45-2 (1) and 46 subparagraph 4 of the Infant Care Act (i.e., the period of suspension of operation x 90 days x 70,000 won x 70,000 won hereinafter “instant imposition of penalty surcharge”), three months (from February 1, 2019 to April 30, 2019), suspension of qualification for the president of the Plaintiff (hereinafter “disposition of suspension of qualification”), return of subsidies of KRW 2,150,00,000 in total (hereinafter “instant disposition of suspension of qualification”), and refund of each of the above subsidies to the Plaintiff below 2,150,000.