영아전담어린이집 지정취소처분 취소
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
1. Details of the disposition;
A. The Plaintiff is the representative of C Child Care Center B located (hereinafter “Child Care Center”) and the husband of D of the former representative of the Child Care Center D.
B. D, on February 17, 200, obtained authorization for childcare facilities as the representative of the instant childcare center and operated the said childcare center until October 15, 2018.
C. D was elected as E City Council member in the nationwide local election of Dong-si, which was implemented on June 13, 2018. On July 30, 2018, the chairperson of E City/Do Council recommended D to resign from the position of the representative of the child care center of this case by August 15, 2018 on the ground that D, a local council member, concurrently holds the position of the representative of the child care center of this case, violates the duty to hold a concurrent office under Article 35 of the Local Autonomy Act. Since D did not resign from the position of the representative of the child care center of this case, the chairperson of E/Do Council referred D to the Special Committee on Ethics.
The Special Committee on Ethics of the Eth City presented it to the plenary session held on October 18, 2018 after examining the case of disciplinary action against D.
Accordingly, on October 11, 2018, D applied for authorization to change the representative of the child care center of this case to the Plaintiff (the Plaintiff was working as the principal of the child care center of this case since March 1, 2003) from D, and on October 16, 2018, the above application was accepted and the representative of the child care center of this case was changed from D to the Plaintiff.
E. On November 6, 2018, the Defendant issued the instant disposition to the Plaintiff on the ground that the said representative’s change constitutes “where the name of the representative is changed due to the transfer, inheritance, seizure, or sale of gift” as the grounds for the cancellation of the designation of the infant-only childcare center pursuant to the Guidelines for Child Care Services Guidance in 2018 (hereinafter “instant Guidelines”).
[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1 through 6, 9, 11, 12 (including each number, hereinafter the same)
set forth in the evidence Nos. 1, 2, 6, 7, and 9, respectively, and oral proceedings.