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(영문) 서울고등법원 2016.12.01 2016누59227

보육교사자격취소처분취소

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1. Revocation of the first instance judgment.

2. On April 14, 2015, the Defendant issued a disposition to revoke qualifications for infant care teachers against the Plaintiff.

Reasons

Details of the disposition

The plaintiff is a child care teacher of the C Child Care Center in his/her domicile (hereinafter referred to as the "C Child Care Center").

On April 14, 2015, the Defendant issued a disposition to revoke the Plaintiff’s qualification of infant care teacher from June 1, 2015 on the ground that “The Plaintiff’s birth floor of D (hereinafter referred to as “victim”), who is an infant at the time of birth, is considered to have a protective agency for physical abuse and is subject to a disposition of KRW 1 million from the Gu’s District Prosecutors’ Office in accordance with the judgment of physical abuse by the specialized agency for child protection.”

(2) The Plaintiff’s assertion as to the legitimacy of the disposition of this case as to whether the disposition of this case was legitimate or not is legitimate or not. However, the Plaintiff’s assertion as to the child’s child’s child’s child’s child’s child’s child’s child’s child’s child’s child’s child’s child’s child and child’s child’s child’s child’s child and child’s child’s child’s child’s child’s child and child’s child’s child’s child’s child’s child’s child’s child

The plaintiff was prosecuted for committing a crime of the Child Welfare Act by committing emotional abuse against a child victim by taking the birth floor of the child victim into account the equipment, but the suspension of punishment of a fine of one million won was suspended. The suspension of sentence is not a ground to revoke the qualification of a child care teacher, and the disposition of this case is unlawful.

The details of the relevant statutes are as shown in the attached statutes.

Judgment

Facts of recognition

On February 23, 2015, the prosecutor of the District Public Prosecutor's Office attached the Plaintiff to the District Public Prosecutor's Office of the Government to prevent other children from leaving the child at the Child Care Center of this case on January 10, 2014, and applied for a summary order against the Plaintiff on the grounds that the Plaintiff committed emotional abusive acts that may harm the mental health and development of the child and thereby commit the crime of violating the Child Welfare Act by committing a crime of emotional abusive acts committed against the child, by making it possible for the Plaintiff to leave the child at the Child Care Center of this case on January 23, 2014. < Amended by Act No. 13183, Feb. 25, 2015>

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