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(영문) 대전지방법원 2018.11.07 2018구합102255
개선명령 무효 확인의 소 등
Text

1. Of the plaintiff A’s lawsuit, the defendant’s each disposition against the non-party C’s child center is invalid or invalidated.

Reasons

1. Details of the disposition;

A. On March 26, 2009, Plaintiff A is the representative of the instant facility that established and operated a regional children’s center (child welfare facilities) at the Daejeon-gu Daejeon District Child Welfare Facility (hereinafter “instant facility”), and was working as the head of the instant facility (=head of the center) by March 1, 2017.

Plaintiff

B is the father-child of the plaintiff A, and is a person who served as the head of the facility of this case from March 2, 2017.

B. On January 11, 2018, the Defendant issued the following improvement orders to Plaintiff A, but reduced the amount paid to Plaintiff A to KRW 8,956,530 on March 7, 2018.

(2) On January 1, 2017, Article 41-7 (Prohibition of Use of Support Payments) (hereinafter “instant disposition”). Violation: Violation of the Financial Accounting Rules for Social Welfare Corporations and Social Welfare Facilities (hereinafter “instant Rules”) - Violation of Article 41-7 (Prohibition of Use of Support Payments other than the Head of the Center’s Personnel Expenses) - Representative’s personnel expenses were not paid due to the lack of any of the items in the expenditure budget, while representative’s personnel expenses were not paid due to the lack of any of the items in the expenditure budget - Violation of Article 15 (Prohibition of Use of Budget), Article 40(1)4 of the Social Welfare Services Act, Article 26-24 of the Enforcement Rule of the Social Welfare Services Act, Article 26-24 of the Enforcement Rule of the Social Welfare Services Act, and Article 9,856,530 won of the representative’s personnel expenses paid from the designated account during the period from March 1, 201 to October 31, 2017.

(v) - In the event of a failure to comply with the disposition, it may be punished under Article 54 (Penal Provisions) of the Social Welfare Services Act. [Grounds for recognition] The fact that there is no dispute, and each entry number of subparagraphs A1 through 4 shall be included below.

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