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(영문) 서울고등법원 2017.06.02 2016누74431

어린이집폐쇄명령 등 취소

Text

1. The plaintiff B's appeal shall be dismissed.

2. The plaintiff A's appeal is dismissed.

3. The costs of appeal are assessed against the Plaintiffs.

Reasons

1. Details of the disposition;

A. Plaintiff A is a person who is named as the representative for a child care facility under the name of “C Child care center” located in Mapo-gu Seoul Metropolitan Government F apartment 101 (hereinafter “instant child care center”), and Plaintiff B is the head of the instant child care center (the head of the child care center).

B. From May 18, 2015 to the following day, the Defendant conducted an investigation into the instant childcare center. On January 14, 2016, the aforementioned investigation conducted a disposition of violation of the disbursement principle, violation of the Financial and Accounting Rules of Social Welfare Foundation and Social Welfare Facilities (hereinafter “Accounting Rules”), violation of the prohibition of use of childcare staff for purposes other than budgetary purposes, violation of the payment date of remuneration for childcare staff, violation of the payment date of childcare staff, violation of the payment date of remuneration for childcare staff, violation of the provision of food materials for circulation period, violation of the standards of organization, etc., and the reasons for the disposition of Articles 19, 41, 42, 24, 33, 40 (Management Standards, etc. of Child Care Centers), 2, 45 (Order of Correction or Modification), 46 (h) (No. 2, 46) of the Infant Care Act, subparagraph 3 (b) of Article 2, subparagraph 4 of the Enforcement Rule of the Infant Care Act, and the qualifications of the head of the instant Child Care Center.

hereinafter referred to as "in the event of the suspension of qualification," each of the above dispositions is referred to as "in the event of the suspension of qualification," respectively.

The other party to the disposition shall be separately as follows: