Case Analysis / Legal Updates
Administrative Litigation | Judgment Revoking the Suspension of Daycare Center Subsidies as a Violation of the Principle of Statutory Reservation
Administrative litigation is a lawsuit filed against an improper administrative disposition. A District Court has ruled that a local government's decision to suspend a daycare center's subsidies lacked any legal basis and ordered the disposition revoked.
1. Administrative Litigation, What Were the Detailed Circumstances?
A, the plaintiff in the administrative litigation, was the director of a daycare center in the OO region. A childcare teacher employed at the center was indicted on charges of habitually subjecting children to physical and emotional abuse and received a suspended sentence (a suspended sentence under Korean law, broadly comparable to a suspended sentence or probation in common-law systems, under which the conviction loses its effect once the suspension period passes without incident) of imprisonment.
A, as the person responsible for managing the childcare teacher, also received a suspension of indictment (a prosecutor's discretionary decision not to indict despite sufficient evidence, comparable to a deferred or declined prosecution) on the ground that A had failed to fulfill that management responsibility.
In response, the local government imposed a one-month suspension of the daycare center's operations and a penalty surcharge of 2.55 million won, and it also imposed a two-year suspension of local-budget subsidies.
A, however, argued that this disposition rested solely on the "OO Regional Guidelines for the Local-Budget Subsidy Program for Infant and Child Care" without any legal basis, and therefore violated the principle of statutory reservation*.
A also argued that, because A had faithfully carried out supervision and education to prevent child abuse, this disposition amounted to an abuse of discretionary power.
The local government, on the other hand, countered that, under the Enforcement Decree of the Infant and Child Care Act, a local government may determine the specific matters concerning the payment of subsidies, so the disposition had a legal basis and did not constitute an abuse of discretionary power.
* Principle of statutory reservation : the principle that an administrative action requires a legal basis, such as a formal statute enacted by the National Assembly or a legal order issued under delegation by statute, in order to be carried out
Administrative Litigation, What Are the Relevant Statutes and Precedents?
▣ Article 36 of the Infant and Child Care Act (Subsidization of Costs, etc.)
The State or a local government shall, as prescribed by Presidential Decree, subsidize all or part of the operating expenses, such as the establishment of a daycare center, personnel expenses for childcare staff (including substitute teachers), and the costs of excess childcare, or the expenses for childcare projects, such as the establishment and operation of a local comprehensive childcare support center, the welfare promotion of childcare staff, and the provision of childcare for vulnerable groups, as well as the costs of installing closed-circuit television.
▣ Article 24 of the Enforcement Decree of the Infant and Child Care Act (Subsidization of Costs)
(1) Pursuant to Article 36 of the Act, the State or a local government shall, within the limits of its budget, subsidize all or part of the following costs:
1. Costs of establishing, extending, rebuilding, repairing, or renovating a daycare center
2. Personnel expenses for childcare teachers (the remaining subparagraphs omitted)
(2) Necessary matters concerning the methods of supporting the costs prescribed in paragraph (1) shall be determined by the Minister of Health and Welfare or the head of the relevant local government.
- See Supreme Court, Decision of May 9, 2012, 2011 Du 2941, among others |
2. Administrative Litigation, What Was the Court's Determination?
The District Court that heard the administrative litigation accepted the arguments of the plaintiff, A, and revoked the disposition suspending the subsidies.
The court held, "The Infant and Child Care Act and its Enforcement Decree merely provide for the methods of supporting subsidies and delegate only the necessary matters concerning such matters; they cannot be construed as delegating even the types or methods of sanctions to be imposed on a recipient of subsidies."
In other words, the State or a local government has only an obligation to pay subsidies to a daycare center that meets the requirements, and has no discretion to suspend the payment of subsidies at will.
3. Administrative Litigation, Daeryun's Strategy
In this administrative litigation, we analyzed a District Court judgment finding that an administrative disposition based on a local government's internal guidelines, without any legal basis, was unlawful as applied to the suspension of subsidies for a daycare center.
As in the case above, when a daycare center wrongfully receives subsidies or a child abuse incident occurs, it may be subject to administrative dispositions such as a suspension of operations, a suspension of qualifications, a penalty surcharge, or the recovery of subsidies under the Infant and Child Care Act, the Subsidy Management Act, and other laws.
If, however, an administrative disposition has been imposed unfairly, you may file an 🔗administrative appeal (a pre-litigation review before an administrative agency, comparable to an administrative appeal or agency review in common-law systems) and 🔗administrative litigation. You will need to present clear evidence that the disposition was improper, and seeking the assistance of an attorney experienced in administrative matters can be helpful.
The 🔗Administrative Group of Daeryun Law Firm LLP brings together attorneys experienced in administrative matters, including those with prior official practice at local administrative appeals commissions, the Ministry of Employment and Labor, the Korea Workers' Compensation and Welfare Service, and the Central Disciplinary Committee for Public Officials, who have accumulated varied practical experience and know-how in administrative litigation and administrative remedies and who work to protect the rights and interests of clients. If you need assistance, you are welcome to request a legal consultation.
Related Information
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