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(영문) 서울고등법원 2017.11.07 2017누46129
시설폐쇄명령취소 청구의 소
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The reasoning of the judgment of the court of first instance cited in this case is as stated in the reasoning of the judgment of the court of first instance, in addition to the parts to be filled or added below, and thus, it shall be cited in accordance with Article 8(2) of the Administrative Litigation Act and Article 420 of the Civil Procedure Act.

The first instance judgment of 4 pages 4 and 3 of the 1st instance judgment was pronounced "the defendant and the prosecutor appealed against the objection, but the above court dismissed all appeals under 2016No4853, and the above judgment became final and conclusive as it is."

The following shall be added to 6 pages 12 of the judgment of the first instance:

① The Plaintiff asserts that each of the instant assaults occurred in the course of inevitably using physical force for correcting the behavior of persons with severe disabilities and that it is difficult to view the intensity of assault as intended violence.

However, the use of physical records in the process of correcting behavior of persons with severe disabilities is inevitable as alleged by the plaintiff.

Even if each of the assaults in this case is beyond its degree and constitutes a crime of assault under the Criminal Act, since it is confirmed through conviction of the relevant criminal case, each of the assaults in this case shall be deemed to constitute a "serious tort such as abuse."

The plaintiff's above assertion that differs from this premise is without merit.

The Social Welfare Act shall be amended to “Social Welfare Act” in the first instance judgment of 8th and fourth.

No. 7 below the 8th judgment of the first instance shall include the following:

The public interest to be achieved through the instant disposition is ultimately the dignity and human dignity of persons with disabilities by imposing sanctions on facilities that are unable to provide appropriate social welfare services to persons with disabilities.

On the other hand, the disadvantage the plaintiff suffered from the disposition of this case is merely impossible to operate the facility of this case.

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