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(영문) 춘천지방법원 2018.12.07 2018노578
영유아보육법위반
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is that the Defendant provided care to a child, in addition to administrative affairs, and the Defendant’s handling of administrative affairs is also deemed to have performed the role of a teacher in charge by taking partial charge of duties with other teachers.

The defendant did not have any intention to receive the subsidy such as personnel expenses for the teacher.

Nevertheless, the lower court erred by misapprehending the facts.

2. According to Article 36 of the Infant and Child Care Act, Article 24(2) of the Enforcement Decree of the Infant and Child Care Act and Article 24(2) of the Enforcement Decree thereof, child care teachers shall be “former” and other duties shall not be concurrently held and work for eight hours a day. On the premise of this, child care teachers shall be granted subsidies to infant care teachers.

Accordingly, according to the results of the court below's examination of evidence, at the time of the on-site investigation in Chuncheon, Defendant did not perform the duties of administration and child care as an original guard without performing the duties of "K's counter-satis, and did not look at her original child."

It is recognized that he/she directly prepares a written confirmation to the effect that he/she unfairly received special allowances and working environment improvement expenses for infants.

In addition to the circumstances properly explained by the court below, it is difficult to see that the defendant's work performed at a child care center is mainly an administrative matter and is engaged in the work as a child care teacher, and the defendant has provided some infant care services.

Even if the defendant did not transfer childcare services, it is difficult to accept the other defendant's argument, and it does not seem that the defendant did not have any intention to receive subsidies.

3. The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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