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The plaintiff's claim is dismissed.
Litigation costs shall be borne by the plaintiff.
Reasons
1. Details of the disposition;
A. The Plaintiff leased and operated the “C Child Care Center” (hereinafter “instant Child Care Center”) from D from March 1, 2013 to March 2016, 2016, which is a private child care center located in the G in the G of Germany.
B. The Plaintiff reported that he/she was appointed as a childcare teacher for at least eight hours a day (hereinafter referred to as “instant childcare teacher”) and was appointed and dismissed by the Plaintiff. The Plaintiff entered four of the instant childcare teacher’s working hours from March 2013 to March 2016, as if he/she had worked for at least six hours a day, and applied for basic childcare fees, work environment improvement expenses, and treatment improvement expenses, etc. Accordingly, the Plaintiff received subsidies of KRW 58,988,920 (hereinafter referred to as “instant subsidies”) in total from 186 times from Usung City to March 10, 2016.
C. On June 25, 2018, the Suwon District Prosecutors’ Office prosecuted the Plaintiff on June 25, 2018 as the facts charged of violating the Infant Care Act (hereinafter “instant violation”), that “the Plaintiff illegally received the instant subsidy from the Gesung City by means of false entry of the working hours of the instant infant care teachers,” and on the same day, suspended indictment for the instant infant care teachers as the facts charged of “help and abetting the Violation of the Infant Care Act”.
On the other hand, upon the commencement of the investigation into the charge of violating the Infant Care Act, the Plaintiff deposited KRW 17,080,000 of the subsidy, which was paid as the cost of improving the working environment, after designating as the alternative party on January 30, 2018.
The Defendant, on April 11, 2019, pursuant to Article 46 subparag. 4 of the Infant Care Act and Article 39 of the Enforcement Rule of the same Act (hereinafter “Enforcement Rule”), refers to “one year (the suspension period: from May 1, 2019 to April 30, 2020) of the qualification suspension of the president,” on the ground that “the fact that the Plaintiff received subsidies by false or unjust means is confirmed.”