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1. On January 12, 2015, the Defendant’s orders to return subsidies and imposition of penalty surcharges against Plaintiff B shall be revoked, respectively.
2.
Reasons
1. Details of the disposition;
A. On October 18, 2006, Plaintiff A is the founder and operator of the “D Child Care Center” located in the Nam-gu Seoul Metropolitan City (hereinafter “instant Child Care Center”) which was authorized as a private child care facility by the Defendant on October 18, 2006. Plaintiff B is a person who had been elected as the president of the instant Child Care Center since the date of the said authorization and had been employed as the president of the instant Child Care Center on June 2014 and has been elected as a member of the Southern-gu Seoul Metropolitan Council of Seoul Metropolitan City as a member of the 6th nationwide local government election
B. Among the subsidies provided by the government receiving the Plaintiff A’s subsidies, the basic childcare fees paid in proportion to the number of children registered in the childcare center for children aged between 0 and 2 or disabled children among the private childcare facilities. From June 11, 2010 to August 31, 2010, the Plaintiff A staying overseas and did not wish to be registered in the childcare center of this case until August 31, 2010, and the G (H) deceased on June 8, 2010 from June 20 to August 2010, received subsidies from the Defendant as the basic childcare fees for the above children on the premise that the Defendant had been registered in the childcare center of this case from June 2010 to August 2010.
C. Defendant’s corrective order 1) On January 6, 2015, the Defendant issued a corrective order against the Plaintiffs on the ground that “The head of a childcare center shall be the former head of the childcare center, but at present, Plaintiff B was concurrently a member of the Nam-gu Seoul Metropolitan City Council while working as the head of the childcare center of this case, and thus violated the standards for the placement of childcare staff (service regulations),” the former Infant Care Act (amended by Act No. 13321, May 18, 2015; hereinafter “former Infant Care Act”).
Article 44 Subparag. 3 and Article 17(1) of the former Enforcement Rule of the Infant Care Act (amended by Ordinance of the Ministry of Health and Welfare No. 53, Jan. 28, 2015; hereinafter “former Enforcement Rule of the Infant Care Act”)
Article 10 [Attachment II] “as specified in Annex II,”