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(영문) 서울행정법원 2019.06.21 2018구합84942

운영위탁취소처분 취소

Text

1. On October 12, 2018, the revocation of the entrustment of the operation of the B Child Care Center to the Plaintiff is revoked.

2. The costs of lawsuit shall be.

Reasons

1. Details of the disposition;

A. The Plaintiff is a foundation established on October 19, 199 for the purpose of supporting social welfare facilities and social welfare organizations.

B. On December 1, 2013, the Plaintiff entered into an entrustment contract with the Defendant for a childcare center, which is a Gu childcare center located on the Guro-gu Seoul Metropolitan Government and the first floor (hereinafter “instant childcare center”) and operated the instant childcare center from February 1, 2014 to January 31, 2019.

C. At around 15:50 on September 29, 2017, E, a child care teacher belonging to the instant childcare center, sent the damaged child’s body at around 15:50, by attracting the arms of the victimized child, and then standing the arms of the victimized child, e.g., walking the upper part of the victimized child and leaving the lower part of the child’s body under knee, and then exposing the body of other originals.

E was prosecuted by the Seoul Southern District Court on February 27, 2018 on the charge of sexual harassment, etc. that causes a sense of sexual humiliation to victimized children as to the above acts (Child Welfare Act 2018Da7366). The above court convicted the victimized children of the charges on July 18, 2018, and sentenced E to a suspended sentence of two years for six months.

The above judgment became final and conclusive because both E and prosecutor did not appeal against this issue.

E. On October 12, 2018, the Defendant revoked the instant consignment of the operation of the childcare center based on Article 24(4) of the Infant Care Act and Article 25 subparag. 5 of the Enforcement Rule of the same Act on the ground that E, a childcare teacher affiliated with the instant childcare center, committed child abuse against the victimized child.

(hereinafter “Disposition in this case”). 【No dispute exists, Gap’s evidence Nos. 1 through 4, 12, and 13, Eul’s evidence No. 4, and the purport of the whole pleadings.

2. The attachment to the relevant Acts and subordinate statutes shall be as follows;

3. This.