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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
Reasons
1. The plaintiff sought a judgment identical to the purport of the claim, and the court of the first instance dismissed the remainder of the claim (the part of KRW 1,870,000 among the order to return the subsidy) after cancelling each disposition of more than 1,870,000 among the order to return the subsidy, the closure of the child-care center facilities and the suspension of the principal qualification for one year.
Since only the defendant appealed against this, the subject matter of the trial on the party shall be limited to the portion exceeding 1,870,000 won of the order of return of subsidies, and the part of the claim for revocation of each one year of the closure of child-care center facilities and suspension of president qualification.
2. Judgment on the defendant's argument of the trial
A. The Defendant’s assertion that “the entire amount of subsidies” under Article 40 subparag. 3 of the Infant Care Act is “the entire amount of subsidies granted to the child care center in this case for the wrongful receipt period,” and “part of subsidies” is “the basic infant care fees for the child in this case or the basic infant care fees for the Ban to which the child in this case belongs.” The number of days of attendance of the child in the “child in the Child Care Business Guidance in 2013” as determined by the Ministry of Health and Welfare refers to the recovery of the basic infant care fees for the corresponding month to which the child in this case belongs, so it is legitimate for the Defendant to issue an order to return KRW 15,072,380 for the Ban to which the child in this case belongs.
B. Determination 1) As the Plaintiff issued an order to unlawfully supply and refund basic childcare fees from March 2, 2012 to May 29, 2013, 2013, D children were falsely entered into the integrated childcare information system and received basic childcare fees of KRW 3,640,50,00. During the above period, the basic childcare fees for all of the infants belonging to D during the above period are no dispute between the parties, and the Defendant issued an order to refund KRW 15,072,380, in total based on the “Child Care Service Guidance in 2013” as determined by the Ministry of Health and Welfare.