1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Details of the disposition

The plaintiff is the representative of the C Child Care Center (hereinafter referred to as the "Child Care Center of this case") located in the Gu Government City B.

On February 1, 2018, the Defendant issued an order to return subsidies of KRW 12,632,00 and issued a disposition to close a childcare center in accordance with Articles 40 and 45(1) of the Infant Care Act against the Plaintiff on the ground that the Plaintiff was granted subsidies by fraud or other improper means (hereinafter “instant disposition”). The content of the instant disposition is as follows:

The child-care center of this case is unlawfully receiving operating expenses of child-care centers and personnel expenses for monthly benefit extension teachers due to a violation of the ratio of children to children, and the child-care center of this case is unlawfully receiving the child-care center of this case from March 2017 to November 16, 2017 due to retirement from 20:00, nine children remaining after the lapse of 20:0 to 20:00 of the child-care center of this case due to retirement from 2,400,000, and the monthly benefit extension teachers' personnel expenses of 10,232,00,000 won in total 12,632,00,000 won in total for the child-care center of this case, and there was no dispute about the child-care center of this case, Gap evidence No. 1, Eul evidence No. 5, the purport of each of the arguments, and whether the whole of the disposition of this case is legitimate after retirement from 20:00 of the plaintiff's child-care center of this case.

Therefore, since the child care center of this case violated the rate of 20:00 to the child care center of this case, the disposition of this case does not have any grounds for such disposition.

It shall be as shown in the attached Form of the relevant statutes.

Facts of recognition

The child care center of this case is designated as a part-time extended child care center (including an extended child care facility from 19:30 to 24:00).

The Plaintiff from March 2017 to October 2017, 8 to 10 children, G, H, I, J, and J.