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(영문) 부산지방법원 2017.11.03 2016구합21894
영유아보육법위반 어린이집 행정처분 취소
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1. The Defendant’s reimbursement of KRW 10,975,200, out of KRW 13,422,530 granted to the Plaintiff on March 7, 2016 to the Plaintiff.

Reasons

1. Details of the disposition;

A. On May 9, 2007, the Plaintiff acquired C Child Care Center located in Busan Shipping Daegu (Gu D Child Care Center; hereinafter “instant Child Care Center”) and operates the said Child Care Center as the representative and the president until now.

B. On April 29, 2015, public officials of Busan Metropolitan City Child Care and its affiliated public officials conducted on-site inspections of the Child Care Center of this case. As a result, on June 2, 2015, deeming that the Child Care Center of this case violated the following provisions were required to take measures against the Defendant.

The plaintiff employed infant care teachers EF, G, H, and I as mpt teachers, or denied or receive basic infant care fees, working environment improvement expenses, welfare allowances, and subsidies under the name of research allowances, by falsely registering them as temporary teachers who work for at least eight hours a day while having them take charge of duties such as arranging accounting documents, operating vehicles, snow stops, etc. instead of being in charge of actual infant care duties.

(False Registration of Child Care Teachers). The Plaintiff received subsidies under the pretext of Child Care Fees and Cost of the Operation of Child Care Courses by falsely indicating attendance although K, L, and M did not wish to do so to the Child Care Center in this case.

(False) The Plaintiff did not report to the head of the Gu the appointment and dismissal of a cook N (in the absence of a report on the appointment and dismissal of a nursery teacher). The Plaintiff employed a nursery teacher E, etc. as a soft teacher working for 5 to 6 hours a day, and had a nursery teacher take charge of kitchen affairs, such as cooking and snowing (in the case of violation of the standards for the assignment of childcare staff). A nursery teacher was installed as soon as possible in front of the exit due to emergency evacuation of a childcare center (in the case of inappropriate management of emergency disaster preparedness), and stored food after the expiration of the distribution period, or provided meals differently from the meal group.

(Meal Service Management improper).

On July 7, 2015, the Defendant issued the following dispositions to the Plaintiff on March 7, 2016, following a hearing with respect to the Plaintiff.

(hereinafter “instant disposition”). Child-care centers on the grounds of legal disposition based on the contents of the disposition Nos. 1 and 1.

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