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(영문) 부산지방법원 2017.08.24 2016구합24077
운영정지처분 등 취소
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Details of the disposition;

A. On December 16, 2014, the instant association was operated with a new authorization from the Defendant for the Busan Shipping Daegu apartment, 106 Dong 104, and YY childcare center (hereinafter “instant childcare center”) as a parent cooperative established around November 2014, and the Plaintiffs are members of the instant association.

B. On February 2, 2016, public officials of the Busan Metropolitan City Child Care and its affiliated public officials conducted guidance and inspection on the child care center of this case. As a result, the association of this case unfairly received subsidies through false registration of infant care teachers and false registration of children, and on February 23, 2016, notified the Defendant of the result of guidance and inspection, and requested the Defendant to take measures such as return of subsidies and collection of unjust enrichment in accordance with relevant provisions, such as the Infant Care Act.

From February 31, 2015 to August 2015, the instant association obtained false registration of Z as infant care teachers and received 1.190,00 won and welfare allowances for working environment improvement from February 2, 2015, and received 6.10,00 won and 12,14,00 won from January 31, 2015 to December 15, 2015.

C. On July 18, 2016, the Defendant issued an order to suspend the qualification of the president against Plaintiff F, who served as the head of the childcare center during the pertinent period (from September 1, 2016 to August 31, 2017), to recover subsidies of KRW 6,570,320, and to collect KRW 1,218,00 for unjust enrichment, one year (from September 1, 2016 to August 31, 2017).

(hereinafter “First Disposition”). In response to the calculation method of subsidies to be recovered by the child care center of this case, the Defendant re-calculated the subsidy to be recovered from KRW 6,570,320 on July 22, 2016 in accordance with the 2015 Infant Care Services Guidance (hereinafter “instant Guidelines”) as determined by the Minister of Health and Welfare, and changed the subsidy to KRW 6,16,380 on July 22, 2016.

hereinafter referred to as “second disposition”).

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