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(영문) 춘천지방법원 2017.12.26 2016구합50769
어린이집 원장자격 취소처분 등 취소
Text

1. The Defendant’s disposition to refund KRW 11,729,780, which was paid to the Plaintiff on January 5, 2016, and KRW 30,00,000.

Reasons

1. Details of the disposition;

A. The Plaintiff is establishing and operating the C Child Care Center located in C (hereinafter “C Child Care Center”) and the E kindergarten located in Gangseo-si D (hereinafter “E kindergarten”) in Seoul Special Metropolitan City.

B. From June 30, 2015 to September 15, 2015, the Plaintiff registered as the president of C Child Care Center and received a total of KRW 11,78/29,780 for three months. From March 1, 2015 to September 15, 2015, the Plaintiff registered as an employee of E Kindergartens and received KRW 49,000,000 for seven months.

C. On September 15, 2015, the Anti-Corruption and Civil Rights Commission received a report on the Plaintiff’s suspicion of unjust receipt of the subsidies for the social process, conducted a survey on the actual state of C Child Care Centers and E Kindergartens, and notified the Defendant of the result thereof. The Defendant, after holding a hearing on December 15, 2015, disposed of the Plaintiff on January 5, 2016 as follows.

The Defendant initially imposed penalty surcharge of KRW 36 million in lieu of the suspension of the operation of a child care center in accordance with the Act on the Grounds for Disposition No. 1 of the Act on the Grounds for Disposition, but the amount was reduced to KRW 30 million on September 5, 2016 and the changed disposition was made on September 5, 2016.

Article 21 of the Infant Care Act on the Use of Social Services and the Management of Voucherss (hereinafter referred to as the "Social Services Vouchers Act"), which provides a loan under the name of the director with the revocation of the qualification of the head of a child care center referred to in Article 45 or 45-2 of the Infant Care Act (hereinafter referred to as the "Child Care Vouchers Act"), for the violation of the prohibition of concurrent employment of the head of a child care center (the dual payment of the head of a kindergarten's benefits) and Article 22-2, Article

E. The Plaintiff appealed and filed an administrative appeal with the Gangwon-do Administrative Appeals Commission on January 13, 2016, but was dismissed on March 14, 2016.

[Ground of recognition] Facts without dispute, Gap evidence 1 through 3, Eul evidence 2 through 5 (including branch numbers; hereinafter the same shall apply) and the purport of whole pleadings

2. The attachment to the relevant Acts and subordinate statutes shall be as follows;

3. Whether the instant disposition is lawful

A. The plaintiff's allegation 1 is a first disposition.

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