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(영문) 대전지방법원 2015.02.12 2014구합102882
사립유치원 설립계획 승인처분 취소청구
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of the lawsuit shall include costs resulting from the participation.

Reasons

Details of the disposition

The following facts may be acknowledged if there is no dispute between the parties, or if Gap evidence Nos. 1, 4, and Eul evidence Nos. 2 and 5 (including each number; hereinafter the same shall apply) show the overall purport of the pleadings, the following facts may be acknowledged:

The number of the Plaintiff’s kindergarten names (as of April 1, 14, 15, F145, F145, 72, 77, 37, H 150, 77, 33 C, 49, 36180, 28, 360, 36180, 28, 3628, 36, 360, 49, 100, K 100, 100, 49, 100, 150, 150, 145, 145, 22, 2,000, 145, 2,000, 2,000, 1,000, 1,000, 2,000, 1,000, 2,000).

(2) On April 22, 2014, the Defendant filed an application for approval with respect to the Defendant, based on the following: (a) on April 22, 2014, the Defendant approved the Intervenor’s plan to establish the instant kindergarten on April 22, 2014: “The number of young children eligible for enrollment in the N, O, 975 young children eligible for enrollment in the kindergarten; (b) January 6, 2014; and (c) the number of young children eligible for enrollment in the n, and O is 594 young children attending the n, O; and (d) 320 young children eligible for enrollment in the n, O; (c) the number of young children eligible for enrollment in the 61st kindergarten (975 young children eligible for enrollment in the n, 594 young children - 320 young children).”

Article 8(3)2 of the Early Childhood Education Act provides that the establishment of a kindergarten is excluded from authorization for establishment of a kindergarten in cases where the establishment of a kindergarten is not in compliance with an enrollment capacity plan for young children under the Enforcement Decree of the Early Childhood Education Act.

However, the establishment plan of the instant kindergarten is not appropriate for the enrollment capacity plan of young children under the Enforcement Decree of the Early Childhood Education Act for the following reasons, and the Defendant shall not approve the establishment plan of the instant kindergarten.

Nevertheless, the defendant's objection.

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