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(영문) 의정부지방법원 2016.10.13 2016구합7199
원장자격정지처분취소 등
Text

1. All of the plaintiff's claims are 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 C Child Care Center located in Guri-si B and 1 (hereinafter “instant Child Care Center”).

B. D, as the husband of the Plaintiff, was serving as an assistant teacher of the instant childcare center from March 2015 to November 2015, and was registered as an assistant teacher of the instant childcare center in the integrated childcare information system even from March 2015 to November 2015.

C. From March 2015 to November 2015, the Plaintiff received subsidies from the Defendant, including “D’s cost of the course operation 6,840,000 won (760,000 x 9 months) based on the premise that D is an assistant teacher for the process of enjoying the child care center of this case.”

On January 19, 2016, the Defendant issued an order to return KRW 6,840,00 to the Plaintiff pursuant to Article 40 subparagraph 3 of the Infant Care Act, ② Articles 45(1)1 and 45-2(1) and (2) of the Infant Care Act, ② Article 25-3 [Attachment Table 1-3] of the Enforcement Decree of the Infant Care Act, Article 38(1) [Attachment Table 9] of the Enforcement Decree of the Infant Care Act, and Article 38(1) [Attachment Table 9] of the Enforcement Decree of the Infant Care Act, on the ground that “The Plaintiff falsely registered D who was not actually working for the Plaintiff from March 2015 to November 2015 as an assistant teacher for the child care center of this case, and thus denied the payment of subsidies (integrative operating expenses) 6,840,000 won x 30 days x 12 months x 40 months x 30 months x 12 months ]

(hereinafter referred to as "each disposition of this case" in (1), (2), (3) Dispositions. [Grounds for recognition] There is no dispute, (1), (2) Evidence No. 1, 2, and the purport of the whole pleadings.

2. Whether each of the dispositions of this case is legitimate

A. Each of the instant dispositions asserted by the Plaintiff is unlawful for the following reasons.

1 The Ministry of Health and Welfare's guidance on infant care program guidance in 2015 without the basis of the law.

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