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1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The first instance court.
Reasons
1. The reasoning for the court’s explanation of this case is as stated in the reasoning for the judgment of the court of first instance, except for the Plaintiff’s determination as to the contents asserted in the court of first instance as stated in the following paragraph (2). Thus, this is cited in accordance with Article 8(2) of the Administrative Litigation Act and Article 420 of the Civil Procedure Act.
2. Additional determination as to the Plaintiff’s assertion
A. Even if the grounds for the disposition of this case alleged by the Plaintiff exist, the administrative guidance alone can sufficiently achieve the purpose of policy, and that some of the cases similar to this case is against the principle of equity as the defendant's arbitrary disposition to select and dispose of only the head of a child-care center is against the principle of equity. The Plaintiff used the money returned as notified to the guidance for infant-care business, and thus did not recognize the violation of the law. If the disposition of this case becomes final and conclusive, the authorization of a public child-care center for the child-care center operated by the Plaintiff can be revoked and the evaluation certification can be revoked, the suspension of the operation subsidy and operational support program, the reduction of the work environment of infant-care teachers and their parents may infringe upon the rights and interests of infants and their parents, and thus, it is highly likely that the disposition of this case is contrary to the public interest purpose.
Therefore, the instant disposition is unlawful as it deviates from or abused discretionary power.
B. 1) The purpose of the Infant Care Act is to protect the mental and physical health of infants and train healthy members of society through sound education, as well as to contribute to the promotion of home welfare by facilitating their guardians’ economic and social activities (Article 1).