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(영문) 서울행정법원 2021.01.28 2020구합61508
개선명령처분 취소 청구의 소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Details of the disposition;

A. The Plaintiff is an organization whose purpose is to maintain and manage the fundamental property of B and to provide education, service, social welfare, and charity services. Around 2012, the Plaintiff entered into an entrustment contract with the Defendant on the C’s welfare center, which is a social welfare facility (hereinafter “instant welfare center”) and operated the instant welfare center from that time until April 2020 when the said contract was terminated.

B. From 2013 to 2019, the Plaintiff: (a) held a “D” in the supervision of the instant welfare center and collected donations; (b) through the initial ledger, etc., the Plaintiff directed the instant welfare center to transfer the donations to a separate account (hereinafter “the Bank F, the Deposit Holder,” in this case’s welfare center”); and (c) received support payments of KRW 59,637,000 in total from supporters as the instant non-public account; and (d) subsequently, remitted KRW 50,277,70,000 out of the total amount of support payments and revenues accrued from the said festival to the Plaintiff’s account in the name of the Plaintiff (new bank G, the Deposit Holder: the Plaintiff).

(c)

The Defendant: (a) deemed that the Plaintiff’s receipt of donations to the instant non-official account and transfer part of the donations to the Plaintiff’s account constitutes “unlawful accounting of support payments in violation of Articles 40 and 45 of the Social Welfare Business Act, and Article 62 of the Welfare of Disabled Persons Act; and (b) ordered the Plaintiff on January 8, 2020 as follows (hereinafter “instant disposition”). The Plaintiff issued an improvement order on January 8, 2020 under the following table (hereinafter “instant disposition”). The grounds for the disposition and the details of the disposition (violation of the violation of the purpose of use of support payments and omission of the results of use of support payments) - The accounting fraud of support payments (use of support payments and omission of the results of the use of support payments) - The Defendant held in charge of the instant welfare center in the year 2013-2019 by depositing the donations generated “D” into the exclusive account of support payments in the facility and not disposed of as the budget for the improvement order, notwithstanding its need to be properly managed.

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