1. The part of the Plaintiff’s request for cancellation of disciplinary action against the Plaintiff A shall be dismissed.

2. Plaintiff A’s remaining claims and Plaintiff B’s.

1. Plaintiff A, including the details of the disposition, is the head of the private kindergarten C kindergarten (hereinafter “instant kindergarten”), and Plaintiff B is the founder of the instant kindergarten.

After conducting a self-audit with respect to the instant kindergarten, on June 20, 2019, the Defendant made a request for disposition and request for disciplinary action against the Plaintiff as shown in attached Table 1 (hereinafter “1 notification”), and on the same day, the Defendant made a request for disposition and request for disciplinary action against the Plaintiff B of the audit results as shown in attached Table 2 (hereinafter “2 notification”). In addition, the Defendant made a request for disposition and request for disciplinary action against the Plaintiff B of the audit results as stated in attached Table 2.

[Ground of recognition] A without dispute, entry of Gap evidence 1, purport of whole pleadings

2. The plaintiffs' assertion

A. The Defendant did not give prior notice to the Plaintiffs while making each of the instant notifications, given no opportunity to present opinions, and did not present any legal basis for the request for disposition. As such, each of the instant notifications is unlawful in violation of Articles 21 and 23(1) of the Administrative Procedures Act.

B. The Defendant alleged in the application of the Public Audit Act (hereinafter “Public Audit Act”) notified each of the instant cases pursuant to the Public Audit Act, but the Public Audit Act cannot be applied to a kindergarten established and operated by a private person, such as the instant kindergarten. Therefore, each of the instant dispositions is unlawful.

C. Although the Defendant asserts the illegality of a request for disposition and request for disciplinary punishment against the head of a kindergarten, it is unlawful to give one notice since it erroneously designated the other party and made a request for disposition and request for disciplinary punishment against the head of a kindergarten.

The defendant cannot request the founder or the president to take a disposition on the ground that he/she violated the Private School Act or Acts and subordinate statutes other than the Early Childhood Education Act.

Therefore, among the respective notifications of this case, the Private School Act.