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1. The Defendant’s disposition of collecting unjust enrichment of KRW 5,500,000 against the Plaintiff on January 16, 2017 is revoked.
2. The plaintiff.
Reasons
1. Details of the disposition;
A. From November 8, 2013, the Plaintiff is the founder and operator of a childcare center who is operating B apartment in Seoul Special Metropolitan City, Nowon-gu, and C childcare center in 515 Dong 103 (hereinafter “instant childcare center”).
B. On October 2016, the Defendant: (a) notified the Anti-Corruption and Civil Rights Commission of the fact that the Plaintiff unlawfully received subsidies following the false registration of infant care teachers and children (basic infant care fees, etc.); (b) and (c) on December 26, 2016, the Plaintiff issued a notice of the fact that the Plaintiff received child care fees due to the false registration of the child; (b) and (c) on January 16, 2017, issued a disposition against the Plaintiff on the ground that the disposition was the cause for the Plaintiff’s false registration (or: (a) the receipt of subsidies following the false registration of infant care teachers (or: (b) D (from November 2015 to June 6, 2016) and E (from March 2016 to June 6, 2016), and (c) the receipt of subsidies and infant care fees based on the false registration of the child [a false child: (c) F (or August 2016 to August 8, 2016); and (d) each of the instant dispositions referred to: (hereinafter referred to the instant order)
Article 40 subparagraph 3 of the Infant Care Act, which provides for the return of KRW 17,645,380 for the grounds of the disposition based on the Act on the Settlement of Child Benefits (hereinafter “Social Services Vouchers”), ① Basic Infant Care Fees of KRW 4,506,00 for the Child’s False Registration. ② The basic Infant Care Fees of KRW 5,135,380 for the Child Care Teachers’ False Registration. ③ The amount of KRW 2,600 for the improvement of school treatment. ④ The amount of KRW 5,215,00 for the expenses for the improvement of school treatment. ⑤ The amount of KRW 189,00 for the subsidy of KRW 189,50 for the Child Care Services and the Management of Social Services Vouchers (hereinafter “Social Services Vouchers”) shall be 5,50,000 for the total child care fees of KRW 5,500 for the child care fees of KRW 10 for the child care service upon the Child’s false Registration.