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(영문) 대전지방법원 2018.08.09 2018구합100099
시설폐쇄처분등취소
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, as the head of the Daejeon Sung-gu C Child Care Center, operated the said child care center.

B. On March 14, 2017, the Defendant received a report on the following: (a) on March 14, 2017, the Plaintiff did not prepare a labor contract with infant care teachers; and (b) registered D, the Plaintiff’s father’s father, as a teacher of the C Child Care Center by falsity.

(2) On April 3, 2017 and April 7, 2017, the Defendant discovered that the Defendant received subsidies from childcare teachers even though D registered as childcare teachers at C childcare centers did not work as childcare teachers, such as attending a graduate school lecture. On April 25, 2017, the Defendant requested the Daejeon District Police Station to investigate the above facts.

(3) On May 23, 2017, the Defendant made a false registration of D as infant care teachers, and notified the Plaintiff of the disposition prior to the above disposition, as it is expected to make the refund of the above subsidy, the suspension of the operation of the child care center, and the suspension of the president’s qualification for one year.

On June 13, 2017, the defendant held a hearing in accordance with the above prior notice of disposition and heard the opinion of the plaintiff on the above disposition.

(4) On the other hand, on July 28, 2017, the Plaintiff falsely registered D as a childcare teacher at C childcare center, and filed a false claim for KRW 5,330,000 in total from July 2015 to February 2016, and received a false payment of KRW 5,330,00 in the amount of subsidies for school teachers, such as improvement of treatment costs and working environment, in the D’s future. On August 25, 2017, the Plaintiff was indicted for summary order of KRW 2,00,000, and the above summary order was finalized around that time.

C. (1) The Anti-Corruption and Civil Rights Commission receives the Defendant on May 2, 2017.

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