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(영문) 수원지방법원 2018.05.09 2017구합70534

운영정지처분 취소

Text

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 established and operated the instant childcare center as the president of the Manam-si, Sungnam-si B apartment, 103 Dong 102 “C childcare center” (hereinafter “instant childcare center”).

B. Around 08:00 on August 8, 2017, the Plaintiff’s father and wife, and D, a child care teacher of the instant child care center, were frying the entrance door of the instant child care center to make soup on the ground that the victim E (two years of age) was not fryed, and frying the victim’s body and head, frying the victim’s head and head on nine consecutive occasions, cutting the victim’s head and head on nine consecutive occasions, cutting the victim’s head and head into the victim’s body by hand, cutting the victim’s head into the floor, cutting the victim’s head and head into the victim’s body, breaking the victim’s head, and then divided the victim’s head into a bridge that the victim could not occur. At the same time, the victim did not take two weeks of medical treatment, and engaged in physical abuse (hereinafter “the instant abuse”).

C. On November 2, 2017, the Defendant rendered a disposition of suspending the operation of the instant childcare center for six months (hereinafter “instant disposition”) to the Plaintiff based on Article 45 of the Infant Care Act and Article 38 of the Enforcement Rule of the same Act, on the grounds that the Plaintiff constitutes “child abuse pursuant to Article 3 subparag. 7 of the Child Welfare Act.”

[Reasons for Recognition] Facts without dispute, Gap evidence 1, Gap evidence 2-1, Gap evidence 6-2, Eul evidence 2-2, the result of the commission of document forwarding to the Sungnam Branch of the Suwon District Prosecutors' Office, the purport of the whole pleadings

2. The details of the relevant Acts and subordinate statutes are as shown in attached statutes;

3. Article 45(1) of the Infant Care Act provides that where a person who is under the supervision and supervision of the founder and operator of a child care center, such as infant care teachers and staff, commits an act of child abuse, the person who established and operates the child care center may be ordered to suspend