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(영문) 춘천지방법원강릉지원 2016.12.22 2015구합2162
어린이집 시설폐쇄처분 등 취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Details of the disposition;

A. The Plaintiff is the head of the C Child Care Center located in Sam-si B (hereinafter “instant Child Care Center”), who operates the instant Child Care Center.

B. Although the Plaintiff had not employed D as childcare teachers of the instant childcare center from February 1, 2010 to July 3, 2015 (excluding from June 4, 2014 to December 2014, 2014, the period of business suspension of the instant childcare center), he/she falsely registered D as childcare teachers of the instant childcare center for the said period at the Ministry of Health and Welfare (hereinafter “integrated childcare integrated information system”), although he/she had not employed E as childcare teachers of the instant childcare center from May 1, 2015 to June 21, 2015, he/she registered E as childcare teachers of the instant childcare center for the said period, even though he/she had not employed F as childcare teachers of the instant childcare center from May 4, 2015 to July 3, 2015, even though he/she had not employed F as childcare teachers of the instant childcare center, he/she registered the instant childcare center for the said period.

C. From June 2010 to June 2015, the Defendant paid KRW 17,750,000 (hereinafter “each of the instant allowances”) to a bank account in the name of D, E, and F, with no knowledge of the aforementioned facts (excluding from June 2014 to December 2014, which is the period of the business suspension of the instant childcare center), and KRW 57,51,670 in total as the basic childcare fees to the Plaintiff (hereinafter “basic childcare fees of this case”).

On December 11, 2015, the Defendant registered the Plaintiff as an infant care teacher of the child care center in this case, D as infant care teacher from January 26, 2010 to July 3, 2015, and E and F from May 1, 2015 to July 7, 2015, respectively, and thus unfair the allowances and basic infant care fees in this case.

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