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(영문) 인천지방법원 2013.04.04 2012구합4696
보조금반환등 취소
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 the president of the Yeonsu-gu Incheon Child Care Center C (hereinafter “instant Child Care Center”) located in the B apartment complex.

B. On May 15, 2012, the Defendant received KRW 3,776,00 of the subsidies ( KRW 2,400,000, 600, 776,000, 776,000, 776,000) from the disabled infants who did not perform their duties of care for disabled infants by having them appoint, dismiss, and report D as a dedicated teacher for disabled infants aged 5, and arrange them to the 5,00,000 in general, each of them was distributed to the 5,00,000,000,000,000,000,000,000 or more of the childcare fees and other necessary expenses as determined by the Mayor/Do governor.

C. Based on the results of the above investigation, the Defendant ordered the Plaintiff on September 20, 2012 to return KRW 5,690,000, including KRW 3,776,00,00 for the total amount of subsidies pursuant to Article 40 subparag. 3, 45-2, and 46 subparag. 4 of the Infant Care Act on the ground of unjust receipt of subsidies, such as school teachers in exclusive charge of disabled children’s personnel expenses, and finally, the Defendant ordered the return of KRW 5,690,00,000, which is the basic childcare fees recovered due to non-compliance with the ratio of the child for the teacher who has committed a separate violation.

A disposition of imposition of a penalty surcharge of KRW 13,200,000, the president’s suspension of qualification 15 days (from October 17, 2012 to October 31, 2012) was imposed, and ② A corrective order of KRW 3,900,000 (hereinafter collectively referred to as “each of the instant dispositions”) was issued pursuant to Articles 41 and 44 of the same Act on the grounds of the additional collection of special activity expenses.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1 through 3, Eul evidence Nos. 1 and 2, and the purport of the whole pleadings.

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