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(영문) 대전지방법원 2017.04.12 2016구합102374

보육교사자격취소처분취소

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

Details of the disposition

On March 2009, the Plaintiff entered the Child Welfare Department of B University (hereinafter “instant University”) and graduated from the University on February 201, 201. At the same time, the Plaintiff graduated from the said University, and at the same time, acquired class 2 infant care teachers under the Infant Care Act.

On January 2012, the Board of Audit and Inspection conducted an audit on the actual state of guidance and supervision of an insolvent university related to education, and as a result, it was pointed out that “The university of this case grants credits and degrees to students whose class hours are short of time to increase the recruitment rate of students by reducing early retirement students, such as voluntary retirement, and gives credits and degrees to students who attract a distance-based employee as new students at the end and at night.”

On January 28, 2012, the Ministry of Education, Science and Technology issued a corrective order to revoke credits and degrees for graduates and students who were unfairly granted credits due to reduction classes, lack of time of classes, etc., or who were awarded academic degrees, etc., and issued an order to close a school on September 28, 2012, when the university of this case failed to comply with the above corrective order.

On January 9, 2013, the Daejeon Metropolitan City Mayor notified the Defendant that the qualification of infant care teacher may be revoked by fraud or other improper means pursuant to Article 48(1) of the Infant Care Act, and notified the Defendant of the action plan and relief measures for the person subject to revocation of the qualification of infant care teacher, and notified the relevant autonomous Gu of the action plan and relief measures in accordance with the Administrative Procedure Act.

On January 28, 2013, the Defendant: (a) notified the Plaintiff on January 28, 2013 of the fact that the Plaintiff acquired the qualification of infant care teacher based on the credits and degrees unfairly received despite lack of teaching time due to the reduction classes at the pertinent university; and (b) notified the Plaintiff of the fact that he/she would attend the hearing on February 14, 2013; and (c) reported the result of the hearing on February 15, 2013.