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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 a person running a “C Child Care Center” in Daejeon Dong-gu, Daejeon (hereinafter “C Child Care Center”).
B. While operating the instant childcare center from September 1, 2012 to October 31, 2013, the Plaintiff registered the Plaintiff’s leakage or D as a childcare center teacher (Velbs and mars). However, in fact, the Plaintiff’s wife E, who did not have a childcare teacher qualification, served as a teacher without a childcare teacher qualification.
C. On May 14, 2014, the Defendant issued a disposition to close the instant childcare center as of July 13, 2014, including the total amount of subsidies of KRW 27,847,630,00, basic childcare fees of KRW 11,339,180, and infant care teachers’ benefits of KRW 12,818,450, and the instant childcare center as of July 13, 2014.
(hereinafter referred to as "the first disposition in this case" and "the closure disposition in this case" D.
The Plaintiff appealed and filed an administrative appeal on June 22, 2014, but was dismissed on August 25, 2014.
E. On July 8, 2014, reflecting the purport of the Supreme Court Decision 2012Du28032 Decided June 12, 2014, the Defendant reviewed the first disposition of this case based on the guidance of the Ministry of Health and Welfare, which was reflected in the purport of the Supreme Court Decision 2012Du28032 Decided June 12, 2014. On October 30, 2014, the Defendant issued an order to close the child care center of this case on the following grounds: (a) on the first disposition of this case, 12,818,450 won of infant care teachers’ benefits are deemed as subsidies under the Infant Care Act; and (b) on the basis of the determination that childcare fees are not subsidies under the Child Care Act; and (c) on the basis of the order to close the child care center of this case by December 30, 2014.
The term “disposition” (as of May 14, 2014), which is a legal ground for disposition (as of October 30, 2014), is false or false.