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1. On February 14, 2014, the Defendant’s refusal to grant authorization to the Plaintiff on the change of the child-care center for 93 childcare staff members.
Reasons
1. On August 2013, the Plaintiff, as the representative of the “C Child Care Center” located in Geum-gu, Busan and the “E Child Care Center” located in Geum-gu, Busan and the “C Child Care Center,” was operating the said two child care centers in Geum-gu, Busan and the plan to relocate and expand the said “C Child Care Center,” and completed the registration of initial ownership by constructing a four-story building on the said ground on January 29, 2014.
On February 4, 2014, the Plaintiff filed an application with the Defendant for the change of the number of 143 childcare staff for the “H childcare center” newly built in the Geum-gu Busan Metropolitan Government F (Seoul Metropolitan Government 378m2, Jun. 6, 201) (hereinafter “instant childcare center”).
However, on February 14, 2014, the Defendant changed the existing authorization of the “C Child Care Center” to the “C Child Care Center” on the Plaintiff, and changed the number of infant care from 35 to 50 increased from 15 persons.
(hereinafter referred to as "disposition of this case") . [Grounds for recognition] . 【No dispute, Gap evidence Nos. 1, 2, and 4, Eul evidence Nos. 1 and 4 (including virtual numbers; hereinafter the same shall apply), and the purport of the whole pleadings.
2. Summary of the parties' arguments;
A. The Defendant violated the duty to notify prior to the establishment of a child care center under Article 4-2 of the Enforcement Rule of the Infant Care Act by failing to notify the Plaintiff that the authorization for the infant care quota may be restricted in consultation with the Plaintiff prior to the establishment of the child care center, and thus, the instant disposition is unlawful.
② Although the instant disposition is based on the results of deliberation by the Geum-gu Infant Care Policy Committee on February 27, 2013, which limits the new authorization of childcare centers, the instant disposition is based on the results of deliberation by the Ministry of Health and Welfare. However, without applying the analysis of the current status of supply and demand of childcare centers in 2013, there are no other grounds to restrict new authorization.