유치원 규칙변경(학급증설)인가 신청 반려 처분 취소
1. All appeals filed by the plaintiffs are dismissed.
2. The costs of appeal are assessed against the Plaintiffs.
The purport of the claim and appeal is the purport of the appeal.
1. The reasoning of the court's explanation concerning this case is to change the entry of the relevant statutes of the court of first instance into the annexed statutes of the court, and to the entry of the reasons for the judgment of the court of first instance, except for addition of the following, it is like the entry of the reasons for the judgment of the court of first instance in accordance with Article 8 (2) of the Administrative Litigation Act and Article 420 of the Civil Procedure Act
[Supplementary part] The plaintiffs asserted that the kindergarten site in this case was designated as a kindergarten site, which is an essential welfare facility at the time of the housing construction project plan for E and F apartment, and sold out to the kindergarten establishment applicants. Although the demand for the establishment of a kindergarten in the area adjacent to J-dong in the Changwon-dong in the city where the kindergarten in this case is located due to the occupancy of the above apartment, etc., the disposition in this case was made by applying the enrollment plan for young children and the result analysis table based thereon, which was set up under the premise of excessively broad school area (Gusan-dong as a whole), without considering these factors, on a uniform and mechanical basis, and that the discretionary authority was abused or abused.
In light of the following circumstances, the Defendant rendered the instant disposition in consideration of the circumstances alleged by the Plaintiffs, such as the demand for the staff in the region adjacent to the instant kindergarten, etc., and thus, the instant disposition did not err in the misapprehension of discretionary authority, as it did not err in the misapprehension of discretionary authority.
Article 17 (2) of the Enforcement Decree of the Early Childhood Education Act provides that an infant subject to enrollment shall be determined by the Superintendent of an Office of Education in consideration of the distribution of residence of an infant eligible for enrollment, but a kindergarten located outside the school area to which his/her place of residence belongs shall be allowed to attend the school, and where it is excessively broad, the school area shall be assigned to an area