logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울행정법원 2016.04.01 2015구합66622
서울형어린이집 공인취소처분 취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. As the Plaintiff’s wife C dies, the Plaintiff filed an application for authorization to change the representative of the child care center to the head of Gangseo-gu Seoul Metropolitan Government, which was the representative of the child care center B (hereinafter “child care center”).

On July 15, 2013, the head of Gangseo-gu Seoul Metropolitan Government attached the conditions that the childcare center was installed on the first floor of the childcare center of this case by February 28, 2014 when he/she changed the representative, or that the childcare center was transferred to the facility on the first floor of the childcare center.

(B) After this, the period was extended until February 28, 2015. The head of Gangnam-gu Seoul Metropolitan Government ordered the Plaintiff to comply with the installation standards required at the time of the representative modification authorization, on March 11, 2015, and upon the Plaintiff’s failure to comply, the Plaintiff imposed a penalty surcharge of KRW 3.45 million on June 4, 2015.

On June 17, 2015, the Defendant revoked the accreditation of the Seoul-type childcare center on the ground that the Plaintiff was subject to the penalty surcharge.

(hereinafter “Disposition in this case”). [Grounds for recognition] The fact that there is no dispute, entry of Gap’s evidence Nos. 1 through 8, and the purport of the whole pleadings.

2. Whether the instant disposition is lawful

A. The gist of the Plaintiff’s assertion: (a) the head of Gangnam-gu Seoul Metropolitan Government changed the matter subject to the compliance with the installation standards; (b) it is not permitted as a revision; and (c) Article 2(2)1 of the Addenda of the Enforcement Rule of the Infant Care Act (amended by Act No. 1321, May 18, 2015; hereinafter the same shall apply); (d) Article 15 of the former Infant Care Act (amended by Act No. 13321, Dec. 5, 2013; hereinafter the same shall apply) Article 9 [Attachment 1] of the former Enforcement Rule of the Infant Care Act (amended by Ordinance of the Ministry of Health and Welfare No. 223, Dec. 5, 2013; hereinafter the same shall apply)

(2) 1) Standards for the establishment of child-care centers prescribed in the Act (hereinafter referred to as “instant standards for establishment”).

It shall not apply to the change of the representative of a child-care center due to inheritance, and (3) The public officials belonging to the Gangseo-gu Seoul Metropolitan Government Office are allowed to change the location of the child-care center of this case only within the jurisdiction of Gangseo-gu Seoul

arrow