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1. All of the plaintiff's claims are dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Details of the disposition;
A. The Plaintiff is a person who establishes and operates a C childcare center, which is a family childcare center (hereinafter “instant childcare center”) in Ansan-si, Dong B, 202-dong 103.
B. From September 201 to August 2014, the Plaintiff: (a) recruited Infant Care D and reported it to regular teachers; and (b) received subsidies of KRW 42,473,080 (hereinafter “instant subsidies”) in total of KRW 36,523,080, and KRW 5,950,000, including the improvement cost; and (c) received subsidies of KRW 42,473,080.
C. On March 18, 2015, the Defendant issued an order to return subsidies of KRW 42,473,080 (hereinafter “each of the instant dispositions”) to the Plaintiff on the ground that the Plaintiff received the subsidies by falsely reporting the Plaintiff as if he/she was a part-time teacher.
The plaintiff appealed against the appeal, but the Gyeonggi-do Administrative Appeals Commission dismissed the appeal on June 3, 2015.
[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 3, 7, 10 (including branch numbers, hereinafter the same) and the purport of the whole pleadings
2. Determination on the legitimacy of each of the dispositions of this case
A. The Plaintiff’s assertion 1) D is a paper-general teacher with a time-off period of eight hours per day, and it is unlawful to each of the instant dispositions based on the premise that D is a part-time teacher. 2) Even if D had worked as a part-time teacher, the requirements for supporting basic childcare fees are complied with the “ratio of children to a part-time teacher.” Since D retired from the post, it cannot be deemed that the Plaintiff was unjustly receiving basic childcare fees.
3 even if not, the act of improper receipt of the subsidy of this case occurred due to the failure of the plaintiff to handle the administrative affairs, and since the plaintiff's opening of the child care center of this case in 2011, it has been so far.