1. The plaintiff's claim is dismissed.

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

Details of the disposition

The plaintiff shall be the representative and the president of the child-care center C (hereinafter referred to as the "child-care center of this case") in the Hongnam-gun B apartment complex.

The Child Care Center in this case was operated with the evaluation certification under Article 30 (1) of the Infant Care Act.

Defendant (referring to Infant Care Teachers D.) committed physical abuse on the floor of the victim on the ground that at around 14:43 May 31, 2016, the victim F (or 1 years of age) was not chered in the classroom of the Child Care Center E-class of this case, and committed a physical abuse at one time in the victim’s tum, chest, and arms at each time, from around that time.

7. Until January 1, 200, the victim Nos. 5 of the crime sight list (attached Form 1) committed physical abuse, i.e., injury to the victims’ body or injury to their physical health and development at least five times in total, as written.

(hereinafter “instant abuse”). On April 4, 2017, the Child Care teacher D of the instant child care center was sentenced to six months of imprisonment, two years of suspended execution, and forty hours of taking a course in the child abuse prevention course as follows in the case of violating the Act on Special Cases concerning the Punishment, etc. of Child Abuse (Child Welfare Workers, etc.) by Hongsung Branch of the Daejeon District Court 2016Kadan896 (Child Abuse by Child Welfare Workers, etc.). The said judgment became final and conclusive on April 12, 2017.

(2) On December 20, 2016, the Plaintiff was sentenced to suspension of indictment on the ground of the fact that “the Plaintiff was negligent in giving due attention and supervision to prevent the instant abuse of D” from G prosecutor of the Hongsung District Prosecutors’ Office at the Daejeon District Public Prosecutors’ Office (the Child Welfare Act violation).

Based on Article 30(5)4 of the Infant Care Act, Article 32-2 subparag. 1 of the Enforcement Rule of the same Act, and Article 17 of the Child Welfare Act, the Defendant notified the Plaintiff of the scheduled cancellation of the evaluation certification on October 16, 2017, and issued a disposition to revoke the evaluation certification on November 13, 2017 (hereinafter “instant disposition”).

[Reasons for Recognition] Facts without dispute, Gap evidence 1 to 3, Eul evidence 1 and 2.