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(영문) 수원지방법원 2019.08.22 2018고정2033
영유아보육법위반
Text

The defendant shall be innocent.

Reasons

1. The Defendant of the instant facts charged is a person operating the C Child Care Center (hereinafter “C Child Care Center”) in Young-gu, Young-gu, Young-gu, the Defendant may not receive a subsidy or use a subsidy by fraud or other improper means.

Nevertheless, the Defendant, from April 201 to June 2017, received childcare fees of KRW 375,000, by filing a false claim for KRW 125,000 for each month from May 2017 to July 2017, as if he did not have any fact that he/she had been present by his/her second birth.

As a result, the Defendant received false subsidies.

2. Determination

A. According to the records of this case, the following facts are recognized.

① Around 10:00 on April 3, 2017, the child of this case was enrolled in the mother’s and the child care center of this case, and had approximately 30 minutes to 1:00 on a day after having received approximately 30-1-hour infant care, and the child of this case wanted to do so.

② The mother of the instant child gave birth to the child on April 22, 2017.

③ From July 13, 2017, the child of this case began to move to the childcare center of this case again.

④ At the time of the instant case, nine children were under childcare as a second-year-old group to which the child belongs.

(5) The main contents related to this case among the guidance for infant care services in 2017, which is the Ministry of Health and Welfare’s guidance (hereinafter referred to as “instant guidance”) shall be as follows:

- With respect to the support of basic childcare fees, where a child who continues to be financial resources in a group, a full amount shall be subsidized when he/she attends a school for at least one day a month, and where a child is unable to leave a child due to the birth of the parent of the Minister of Education, Science and Technology, he/she shall be deemed to attend a school for a maximum of two months as of the date of birth, and where the child in the case of the second-year-old group to which the child in this case belongs,

(b) 1 Article 54(2) of the Infant Care Act;

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