1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. Basic facts

A. The Plaintiff is a person operating a private kindergarten under the trade name of “C kindergarten” in “C kindergarten” in “B,” and the Defendant is an administrative agency with authority to inspect, support and supervise private kindergartens in accordance with Article 18 of the Early Childhood Education Act and Article 43 of the Private School Act.

B. On April 17, 2017, the Plaintiff filed a civil petition with the Anti-Corruption and Civil Rights Commission (hereinafter “instant civil petition”).

The following problems are considered in the process of auditing private kindergartens of the Office of Education of the State (hereinafter referred to as the "Office of Education") conducted since the end of 2016 for authoritative interpretation and inspection of private kindergartens.

The authoritative interpretation of private kindergartens is clear in law that they are not affiliated agencies or organizations of the Office of Education among local governments under Article 2 subparag. 3 of the Act on Public Audit and Inspection, and do not fall under public institutions under Article 2 subparag. 4. Nevertheless, the Office of Education has the time to issue authoritative interpretation as to whether the audit (comprehensive audit, specific audit, etc.) conducted on private kindergartens is legitimate in accordance with the Act on Public Audit and Self-Audit and the self-audit standards.

The Office of Education requests the inspection of the duties of the Office of Education and auditors - regardless of the legitimacy of the audit - The Office of Education has a tort such as infringement of human rights against private kindergarten operators, violation of the Personal Information Protection Act, coercion, intimidation (personal certification request, data placement request, and intimidation statement, insult statement, and non-authorized statement) against private kindergarten operators in conducting the audit of the private kindergarten operator, and the Office of Education has prevented those who are not qualified as auditors (general citizens) from mobilization of the auditor or the staff in charge of the audit.

- The above acts constitute a public official's tort.