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(영문) 서울행정법원 2016.08.11 2015구합62521
보조금반환명령등취소
Text

1. The plaintiff's claim is dismissed.

2. The plaintiff shall bear the costs of lawsuit.

Reasons

1. Details of the disposition;

A. At the end of April 2004, the Plaintiff leased the first floor of the C Educational Association located in Dobong-gu Seoul Metropolitan Government, and operated D childcare centers (hereinafter “instant childcare centers”) which are private childcare facilities. At the time, the Plaintiff was authorized to operate childcare facilities as a representative of E, a pastor of the said church.

B. On August 16, 2007, the child care center of this case was certified by the Minister of Gender Equality and Family (the Minister of Health and Welfare in charge of affairs related to the certification of child care centers) as a child care center under the Infant Care Act (the effective period: from September 1, 2007 to August 31, 2010).

C. On April 21, 2009, the child care center of this case obtained the accreditation of the Seoul-type childcare center under the Seoul-gu Seoul-type childcare service guidance from the head of the Seoul-gu Seoul-type childcare center (hereinafter “Seoul-type childcare center subsidies”). After that, the child care center was provided with personnel expenses, treatment improvement expenses, etc. (hereinafter “Seoul-type childcare center subsidies”).

On May 28, 2010, the Plaintiff transferred the instant childcare center to F, and on March 22, 2011, the Plaintiff filed an application with the Defendant for the change of the representative of the instant childcare center to himself/herself and obtained the authorization for the change of the representative from the Defendant on March 25, 201.

E. On the ground that the representative of the instant childcare center was changed from E to the Plaintiff on March 25, 2011, the Minister of Health and Welfare issued a disposition to revoke the accreditation of the childcare center on May 24, 2012 (hereinafter “instant disposition to revoke the accreditation”) as of March 25, 201, and the Mayor of Seoul Special Metropolitan City issued a disposition to revoke the accreditation of the Seoul childcare center as of March 25, 201 (hereinafter “instant disposition to revoke the accreditation”).

F. On July 12, 2014, the Defendant changed the representative of the instant childcare center from March 25, 201 to the Plaintiff on March 25, 2011, and even if the grounds for revocation of the evaluation certification of childcare centers and the accreditation of the Seoul Child Care Center have occurred, it shall be assessed, certified, and Seoul-type childcare center by fraud or

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