감사결과 지적사항 처분요구 취소
1. The part of each request for revocation of disciplinary action filed on March 4, 2019, among the instant lawsuits, shall be dismissed.
2. The plaintiffs remaining.
1. Details of the disposition;
A. Plaintiff A is the founder and the president of the private kindergarten C, and Plaintiff B is the founder and the president of the private kindergarten D kindergarten (hereinafter referred to as “each of the above kindergartens”) referring to each of the above kindergartens.
B. After conducting a self-audit with respect to each of the instant kindergartens on March 4, 2019, the Defendant issued a request for disposition and request for disciplinary action (hereinafter “each of the instant notifications”) of each audit result as shown in attached Tables 1-1 and 2-1 with respect to the Plaintiff A, who is the C Kindergarten principal, as shown in attached Tables 1-2 and 2-1. On April 25, 2019, the Defendant issued a request for disposition and request for disciplinary action (hereinafter “each of the instant notifications”) with respect to the Plaintiff, who is the C Kindergarten founder, as shown in attached Tables 1-2 and 2-2 with respect to the Plaintiff, who is the C Kindergarten founder, as shown in attached Table 1-2. Each of the instant notifications was referred to as “each of the instant notifications” and “each of the instant notifications”.
[Reasons for Recognition] Facts without dispute, Gap evidence 1, 3, Eul evidence 6 and 7 (including each number; hereinafter the same shall apply), the purport of the whole pleadings
2. The plaintiffs' assertion
A. The Defendant did not give prior notice to the Plaintiffs while making each of the instant notifications, given no opportunity to present opinions, and did not present any legal basis for the request for disposition. As such, each of the instant notifications is unlawful in violation of Articles 21 and 23(1) of the Administrative Procedures Act.
B. The Defendant alleged in the application of the Public Audit Act (hereinafter “Public Audit Act”) notified each of the instant cases pursuant to the Public Audit Act, but the Public Audit Act cannot be applied to a kindergarten established and operated by a private person, such as each of the instant kindergartens. Therefore, each of the instant dispositions is unlawful.
C. The defendant asserts the illegality of the request for disposition and request for disciplinary action against the head of the kindergarten, shall make a wrong designation of the other party, even though the head of the kindergarten must request the disposition and request for disciplinary action.