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(영문) 서울남부지방법원 2019.09.04 2018가단262589
손해배상(기)
Text

1. Each of the plaintiffs' claims is dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Facts of recognition;

A. From August 8, 2016, Defendant D operated a child-care center under the trade name “H child-care center” (hereinafter “instant child-care center”) in the F Building G of Gangseo-gu Seoul Metropolitan Government from August 8, 2016, Defendant E is the representative of the instant child-care center.

B. Plaintiff A (Is) is a child who had the child care center of this case from March 5, 2018 to September 18, 2018, and Plaintiff C and B are the parents of Plaintiff C and B.

C. On September 18, 2018, Defendant D sent a phone to Plaintiff C, and the Plaintiff’s accident occurred several times by entering the other kindergarten children of the child care center of this case, and the parents resisted Defendant D, and even if he found in the child care center and demanded CCTV, the Plaintiff A would be able to make it easy for the child care center of this case, and the Plaintiff C responded to the Plaintiff B’s injury.

On November 20, 2018, the head of Gangseo-gu Seoul Metropolitan Government issued corrective guidance measures as a violation of which caused a civil petition by recommending the Plaintiffs to provide home education against their guardians' will.

[Grounds for recognition] Gap 1 to 3, Eul 1's each entry, the purport of the whole pleadings

2. Determination

A. The Defendants asserted that they forced the Plaintiff A against Defendant C and B’s will, the guardian, and attached Table 8 of the Enforcement Rule of the Infant Protection Act for the operation of child care centers.

2. A person;

4. A person;

No head of a child-care center shall discharge an infant or child in financial resources of the child-care center against his/her guardian's will: Provided, That this shall not apply where there are justifiable grounds, such as the infant's disease or the abolition of the child-care center, and the approval of the competent Special Self-Governing City Mayor, Special Self-Governing Province Governor,

Since the plaintiffs suffered severe mental pain due to these illegal acts by the defendants, the defendants are obligated to pay consolation money of KRW 30,000,100 to each of the plaintiffs.

B. The evidence submitted by the Plaintiffs alone.

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