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(영문) 대전고등법원 2015.02.12 2014누11586

어린이집 인가불가처분취소

Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. The reasoning of the court's explanation concerning this case is as stated in the reasoning of the judgment of the court of first instance, except for the second instance's order under Articles 8 (2) of the Administrative Litigation Act and the main text of Article 420 of the Civil Procedure Act, since the reasoning of the judgment of the court of first instance is the same as that of the part of the judgment of the court of first instance.

[The main part] 3 even if it is assumed that the difference between the floor of the sunken area and the main entrance of the nursery facilities of this case is merely 10cc. In this case, the nursery facilities of this case additional 80/100 or more of the surface of the corresponding floor is exposed to the ground, or between 50/100 and 80/100 of the corresponding floor is exposed to the ground, and the bottom of the main entrance of this floor is within 1m from the ground, and it is confirmed that there is no problem in the health and safety of the infants and children, and it is reasonable to consider that the child care center is established on the corresponding floor, which is confirmed that the lower part of the main entrance is within 1m from the ground, and that there is no problem in the health and safety of the infants and the healthy members of the society, and that the difference between the main entrance and the main entrance of the nursery facilities of this case is more than 10cc. In light of the purport of the Infant Care Act to contribute to the promotion of the welfare of infants and children.

The above legal principles, No. 3.C.

The following circumstances, i.e., the facts of recognition and the results of the on-site inspection of the political party, which can be known by considering the overall purport of the pleadings.