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(영문) 의정부지방법원 2016.07.19 2015구합726
보육교사자격취소처분취소
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. The Plaintiff is a child care teacher of the “C Child Care Center” (hereinafter “C Child Care Center”) located in the Gu Government-si B.

B. The Defendant received a summary order of KRW 1,00,000 from the Plaintiff’s day on April 14, 2015 pursuant to Article 48(1)3 of the former Infant Care Act (amended by Act No. 13321, May 18, 2015) on the ground that the Plaintiff was issued a summary order of KRW 1,00,00,000, by committing physical abuse in which the Plaintiff took the birth floor of the Plaintiff’s infant, who was an infant (hereinafter “victim”).

[Ground of recognition] Unsatisfy, Gap evidence No. 1, the purport of the whole pleadings

2. Whether the disposition is lawful;

A. The Plaintiff’s assertion 1) The Plaintiff did not engage in physical abuse when putting the growth floor of the victimized child with the equipment. However, the Plaintiff, along with the statement that she spawnizes her child at the spawn level of the spawn for the victimized child at the spawn level of her child at the spawn level, was replaced with the growth floor of the victimized child. 2) Even if it is assumed that the grounds for the instant disposition were recognized, the instant disposition that revoked the Plaintiff’s qualification for infant care teacher was an act for the purpose of spawning

(b) as shown in the attached Form of the relevant statutes;

C. Determination 1) In full view of the overall purport of the statements and arguments in the evidence Nos. 5 and 6 as to the non-existence of the grounds for disposition, the Plaintiff made another child at the child-care center of this case not to have the child do so at around 10:0 on January 23, 2014, and committed an abuse that makes it possible for the other child not to have the child do so, and made it possible for the plaintiff to take the floor of the child at the child-care center of this case on a small loan in the surrounding area. The Plaintiff was sentenced to a stay of sentence of a fine of KRW 50,00 from this court on June 3, 2016 due to the crime of violating the Child Welfare Act, and the judgment became final and conclusive (this Court 2016No468

section 3.2.

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