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(영문) 수원지방법원 2016.06.28 2015구합69011
보조금환수처분 등 취소
Text

1. On July 10, 2015, the Defendant’s house facilities related to the Plaintiff’s house facilities in a material unit (280,865,670 won, and forest rehabilitation center).

Reasons

1. Details of the disposition;

A. The Plaintiff is a social welfare foundation that operates social welfare facilities, such as “influence house,” which is a residential facility for persons with severe disabilities, and “fluence rehabilitation center,” which is a facility for persons with intellectual disabilities, in the 555-58 Gwangjin-ro of Gwangju City.

B. On June 30, 2015, the Defendant conducted an audit on the appropriateness, etc. of the accounting execution of the Plaintiff and its affiliated social welfare facilities, and ordered the Plaintiff to return KRW 280,865,670,670, and KRW 300,6660 to the house-based facilities within the product, which were paid as personnel expenses of the relevant household-based rehabilitation teachers on the ground that the Plaintiff failed to comply with the standards for the establishment and operation of residential facilities for persons with disabilities and to comply with the disposition of property without admission to the facility, and improper disposal of property for persons with disabilities, etc.

(hereinafter “instant disposition”). C.

On July 23, 2015, the defendant sent a notice of recovery and notified the payment of the recovery amount by August 21, 2015.

[Reasons for Recognition] Unsatisfy, Gap evidence 1 to 3, Eul evidence 1 and 7, the purport of the whole pleadings

2. Whether each of the dispositions of this case is legitimate

A. The Plaintiff’s assertion 1) The instant disposition constitutes an invasion disposition against the Plaintiff. As such, the Defendant is obliged to implement the prior notification procedure prescribed by the Administrative Procedures Act in rendering the instant disposition and give an opportunity to present opinions. In violation of such provision, the instant disposition immediately issued on July 10, 2015 and sent a written notice on July 23, 2015, and thus, the instant disposition is procedural error. 2) As such, the instant disposition belongs to the head of the house and the head of the native forest rehabilitation center.

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