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(영문) 의정부지방법원 2016.08.30 2015구합719

원장자격취소처분취소

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 is the president of the “C Child Care Center” in the Gu-si B (hereinafter “C Child Care Center”) and D is the child care teacher of the instant child care center.

B. The Defendant issued a disposition of KRW 1,00,00,000 from the District Prosecutors’ Office of the Government as a result of D’s physical abuse determination by a specialized child protection agency, upon considering that D’s birth floor of E, an infant attending the instant childcare center (hereinafter “victim child”), who is an infant attending the instant childcare center, was subject to a disposition of KRW 1,00,00 from the District Prosecutors’ Office of the Government for the reason that the Plaintiff and D were subject to the disposition of KRW 321, May 18, 2015, under Articles 48(1)3 and 45-2(1) of the former Infant Care Act (Amended by Act No. 13321, Apr. 14, 2015).

(hereinafter "Disposition in this case"). 【No dispute exists, Gap evidence Nos. 1, 2-1 through 3, 5, and 8, and the purport of the whole pleadings.

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion 1) D did not have any physical abuse that takes the origin of a child victim’s equipment with a gear. However, the Plaintiff’s scambling the equipment to the growth floor of the child victim, along with the statement that the scambling the child at the scam for the child at the scambing level of the scam for the child victim. 2) Even if it is assumed that the grounds for the instant disposition are recognized, the instant disposition that revokes the Plaintiff’s principal qualification in light of D’s abusive act and its background is excessively excessive, and thus, it is unlawful by abusing and abusing discretionary power.

(b) as shown in the attached Form of the relevant statutes;

C. In full view of the respective descriptions and arguments of Gap evidence 3-1 through 15, 4-1 through 3, 5, and 8 as to the existence of the grounds for disposition 1, D makes it difficult for other children to leave the child at the child care center of this case on January 23, 2014, and make it difficult for the child victim to leave the child at the child care center of this case on the basis of small bonds around 10:00.