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(영문) 수원지방법원 2015.06.17 2014구합57912
보조금 반환명령 무효 확인
Text

1. The plaintiff A's lawsuit shall be dismissed.

2. The plaintiff B's claim is dismissed.

3. The costs of the lawsuit.

Reasons

1. Details of the disposition;

A. The Plaintiff A is a person appointed as the director of the C Infant Care Center on June 1, 2013, and the Plaintiff’s social welfare foundation B (hereinafter “Plaintiff B”) is a corporation operating C Infant Care Center, which is a social welfare facility in Ansan-si D.

B. On September 23, 2011, the Defendant recognized the fact that C Infant Care Center used subsidies for childcare facilities for any other purpose than the purpose of receiving the subsidies, while conducting the settlement inspection of subsidies for childcare facilities in 2010, and notified the result of the settlement inspection as follows by designating the addressee as the C Infant Care Center:

The results of the child welfare facility settlement inspection in 2010 shall be known as follows so that the budget is not improperly executed for any purpose other than the budget in the future by complying with the relevant statutes, such as the Local Finance Act, the Financial Accounting Rules of Social Welfare Corporations, the Ordinance on the Management of Child Welfare Subsidies, etc.

Details of the details of the collection of subsidies in 2010, 76,895,40, 2010, including details of the collection of subsidies in 2010, 30,869,630, 279, 500, 981, 5501, 764,750, 200, 30, 30,869, 630, 630, 279, 650

C. On September 27, 2011, the Defendant notified the addressee of the holding of a hearing on the following matters, but the hearing procedure was completed due to the failure to submit a written opinion and the absence of a hearing.

1. Title of the scheduled disposition - Improvement order or return of subsidies;

2. The parties - their names (title) C Infant Care Center addresses, and G in Sung-si in Gyeonggi-do;

3. Facts leading to the disposition - Use for purposes other than those of the subsidy of 2010 and use for other purposes.

4. Contents to be disposed of - Improvement order and return of subsidies.

5. Legal basis and provisions - Article 40(1)3-2 (Improvement, Suspension, Closure, etc. of Facilities) of the Social Welfare Act and Article 26-2 (Criteria for Administrative Disposition) of the Enforcement Rule of the same Act - Article 22 (Prohibition of Use for Other Purposes) of the Act on the Budgeting and Management of Subsidies - Article 15 (Prohibition of Use of Budget for Other Purposes) of the Financial Accounting Rules of the Social Welfare Foundation

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