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(영문) 인천지방법원 2017.09.22 2017구합51215
영유아보육법 위반 행정처분 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 February 20, 2004, the Plaintiff obtained a child-care center director’s license under 40, and the general child-care center director’s license on November 18, 2009. On August 24, 2015, the Plaintiff was appointed as the director of the Seo-gu Incheon Metropolitan Government “D Child-care Center” (hereinafter “instant child-care center”) located in the Seo-gu Incheon Metropolitan City, which became working at the child-care center of this case since that time.

B. On May 3, 2016, the Defendant issued a disposition to suspend the Plaintiff’s qualification as the principal of a child care center for two months from June 1, 2016 to July 31, 2016 pursuant to Article 39(2) [Attachment Table 10] of the Enforcement Rule of the Infant Care Act and Article 39(2) [Attachment Table 10] of the Enforcement Rule of the same Act, on the ground of the fact that “the Plaintiff had an unqualified driver conduct duties of a child care teacher during the period from February 11, 2016 to February 25, 2016.”

(hereinafter referred to as “instant suspension of qualification”). C.

Accordingly, on May 31, 2016, the Plaintiff was dismissed from office as the president of the instant childcare center, and on June 27, 2016, E was appointed as the president of the instant childcare center.

However, during the period from June 9, 2016 to June 23, 2016 during which the suspension period ordered in the suspension of qualification for the instant childcare center through CCTVs of the instant childcare center was confirmed to have worked at the instant childcare center, and the Defendant issued a disposition to revoke the Plaintiff’s qualification for the head of the instant childcare center pursuant to Article 48(1)6 of the Infant Care Act on November 1, 2016, on the ground that “the Plaintiff used the Plaintiff’s certificate of qualification for the head of the childcare center in the instant childcare center during the suspension period ordered in the suspension of qualification for the instant childcare center.”

hereinafter referred to as "disposition of cancellation of qualification" is called "disposition of cancellation of qualification."

E. The Plaintiff appealed and filed an administrative appeal with the Incheon Metropolitan City Administrative Appeals Commission, but the said commission on December 19, 2016.

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