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(영문) 부산고등법원 2020.06.05 2019누23852

유치원설립계획승인신청서 거부처분 취소

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1. The plaintiff (appointed party)'s appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff (Appointed Party).

Reasons

(c) The establishment and expansion of public kindergartens and the establishment and expansion of private kindergartens as basic data in order to provide balanced services for early childhood education and set the direction of high quality early childhood education by ascertaining the scale of authorization for private kindergartens, and the establishment and expansion of new public kindergartens through comprehensive review processes, including the number of young children working in each region, the rate of supplementary recruitment, local conditions, etc.; and

2. New establishment of a kindergarten;

A. Determination on the scale of the establishment or extension of a kindergarten by reflecting the result of the demand survey for kindergarten enrollment as much as possible

(e) In the case of private kindergartens, the new establishment of private kindergartens, such as promoting active and preemptive establishment of public-private kindergartens in accordance with Article 8(3) of the Early Childhood Education Act and the guidelines for formulating a enrollment plan for young children, because the authorization capacity to meet the desired demand in most areas is excessive as a result of the survey on demand for enrollment and the determination of expropriation.

2. Two Zone B (G, H, E, and F): Number of classes 38 (G, E, and F): The Office of Education, Gyeongnam-do, according to the Public Notice of the Area Authorized for Private Kindergartens by each Office of Education, shall collect infant accommodation plans formulated and submitted by the competent Office of Education, including the Office of Education, to which the defendant belongs, and prepare “the 2018-20-20-20-20-20-20-20-20-300-300-300-300-300-300-800-8

④ Around September 2017, the Defendant drafted “2018-2020 Infant Incarceration Plan” on the ground that “the reflection, etc. of new tentative names was made” in September 2017, the Defendant drafted “2018-2020 Infant Incarceration Plan” (Evidence No. 8). The content is to investigate the number of young children by residential type in the relevant Eup/Myeon/Dong area based on the total number of young children employed in the relevant Eup/Myeon/Dong, and utilize it as the estimation index for young children. From 2014 to 2016, the Defendant analyzed the desired early childhood education institution from 2018 to 2020.

⑤ The Defendant’s instant public announcement on January 19, 2018.