beta
(영문) 대구지방법원 2021.01.20 2020구합20363

학급 증설 및 원칙 변경 인가 불가처분 취소청구의 소

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 filed an application with the superintendent of education for the assessment of educational environment around the end of 2015 to establish a private kindergarten with the third floor above the ground level on the 1,562.7 square meters of the site of Kimcheon-si, Kimcheon-si, in order to establish a private kindergarten with the third floor above the ground level.

B. On January 8, 2016, the Superintendent of the Office of Education notified the Plaintiff on January 27, 2016 of the results of the deliberation by the Committee on Health of the Gyeonggi-do School and that “by 9,281 households are scheduled to enter the Kimcheon Innovation City as of December 2017, 2015, however, the number of kindergartens currently is required to establish a private kindergarten because of lack of kindergartens in order to accommodate 169 students to attend the school. However, at the time of establishment, the number of classes to be authorized is the number of students to be determined after a review in accordance with the kindergarten accommodation plan.”

(c)

On March 2016, the Plaintiff filed an application with the Defendant for approval of the establishment plan to establish a private kindergarten under the name of “C kindergarten” (hereinafter “instant kindergarten”) with the classes and the fixed number of employees as indicated below.

Classification: the number of 226 10 students (the number of students) aged between 3 and 4; 4; 5; 5; 26; 52 52 1682.72

D. Accordingly, on May 20, 2016, the Defendant approved the establishment plan of the instant kindergarten by setting as “six classes (the organization of the class shall become final and conclusive at the time of application for subsequent authorization based on the enjoying process) of the approved class” on March 1, 2017, and approving the establishment of the instant kindergarten.

E. On May 30, 2016, the Plaintiff newly built the instant building with the permission to build the instant kindergarten, which is 935.5m2, total floor area, 202.78m2, from the Kimcheon-si, the third floor area on the ground of the instant 1st floor, and applied for the authorization to establish the instant kindergarten. On February 20, 2017, the Defendant approved the establishment of the instant kindergarten with the authorized class and the fixed number as indicated below.

Classification: the number of class members aged 4 years and older 5 years and older 4 years and 22 6 years and 364 56 136

F. On September 20, 2019, the Plaintiff’s content is as indicated below to the Defendant.