logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 2015.07.08 2014구합22283
공공형어린이집 선정취소처분의 취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Details of the disposition;

A. On July 17, 2008, the Plaintiff obtained authorization for childcare facilities for C Child Care Center in Daegu-gu, Daegu-gu (hereinafter “instant Child Care Center”) and operated until now.

B. On February 1, 2011, the Minister of Health and Welfare: (a) granted the assessment and certification (term of validity: from February 1, 2011 to January 31, 201) for the instant childcare center; (b) on August 30, 2011, the Child Care Center was selected as a public childcare center.

C. Around August 2013, the Plaintiff filed an application for re-certification with the Minister of Health and Welfare, and received the evaluation certification of 87.99 points on February 1, 2014.

According to the public child-care center business guidance published by the Minister of Health and Welfare in 2012 (hereinafter “instant guidance”), where the validity of the designation of the public child-care center (three years) has arrived and the scores fall short of 90.00, the designation may be revoked if the results fall short of 90.00. The Defendant is delegated with the authority of the Minister of Health and Welfare to select and cancel the designation of the public child-care center, and on August 25, 2014, issued by the Minister of Health and Welfare (hereinafter “instant guidance”) the revocation disposition of the designation of the public child-care center on the ground that the evaluation re-certification points for the instant child-care center was 87.99.

【Ground of Recognition】 Evidence Nos. 1 to 3, 5 through 7, and 4, 7, and 13 (including paper numbers; hereinafter the same shall apply)

each entry and the purport of the whole pleading

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion (1) The selection of a public child-care center constitutes a beneficial administrative act, and the selection of a public child-care center requires the reservation of the right to withdrawal or the need for important public interest to justify the infringement of the right to vested interests.

The guidance of this case is published after the child care center is selected as a public child care center, and it is less than 90.00 points when the child care center of this case is selected as a public child care center.

arrow