1. The plaintiff's main claim is dismissed.

2. The Defendant’s child-care center on March 2, 2020 is the president of Korea Child-Care Center.

1. On March 2, 2020, the Defendant: (a) rendered the following disposition on March 2, 2020 against the Plaintiff, the president of the “C Child Care Center” located in Guro-gu Seoul Metropolitan Government; and (b) issued a disposition of suspending the qualification of the president of the child care center for three months under the relevant Acts and subordinate statutes.

From August 2019 to November 2019, the child care teacher D prepares a false attendance book, and accordingly, the unfair out-of-hour allowance is not stated in the letter of unfair out-time allowance, and the defendant specified the amount as 655,940 won in the written reply.

The legal basis and contents of the provisions, Article 46 subparagraph 1 of the Infant Care Act, Article 39 (2) [Attachment 10] subparagraph 2 (a) of the Enforcement Rule of the same Act [Where damage is inflicted on purpose or by gross negligence while the head of a child care center performs his/her duties] / [applicable grounds for recognition] the items in subparagraphs 1 through 3 of the above Article,

2. Attached statutes, such as relevant statutes, shall be as stated;

3. Whether the instant disposition is lawful

A. We examine the contents of Article 46 subparag. 1 of the Infant Care Act, which is the basis provision for the instant disposition, (i) whether the “based fact” in the instant disposition falls under the requirements for suspending the qualification of the head of a child care center under Article 46 subparag. 1 of the Infant Care Act. Article 46 subparag. 1 of the Infant Care Act provides that “where the head of a child care center causes damage to an infant intentionally or by gross negligence during the course of performing his/her duties and falls under any of the following cases.” Furthermore, Subparag. 1(a) of the same Article provides that “where a child’s life is harmed or causes serious damage to his/her body or mind,” and subparagraph (b) provides that “where a child is damaged in violation of the operational criteria under Article 24,” and subparagraph (c) provides that