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(영문) 수원지방법원 2018.08.14 2017구합70350
어린이집 운영정지처분 취소 등
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Details of the disposition;

A. On October 17, 2014, the Plaintiff Support Center entrusted the instant childcare center from March 1, 2015 to February 28, 2018 upon setting the operation period of C Child Care Centers in Seongbuk-gu, Sungnam-si (hereinafter “instant childcare center”).

On the other hand, Plaintiff B served as the president of the child-care center of this case, and F as a teacher, and retired on December 31, 2015.

B. On June 21, 2017, in Suwon District Court case No. 2017 Godan117, F was sentenced to imprisonment with prison labor for the crime that: (a) around October 16, 2015, the child victim G (2 years of age); (b) around October 16, 2015, the child victim H (2 years of age); (c) around October 20, 2015, the child victim G (2 years of age); and (d) around November 3, 2015, the child victim I (2 years of age); and (c) around November 3, 2015, the child victim I (2 years of age) was sentenced to imprisonment with prison labor for 10 months, probation period; (d) community service order; (e) 80 hours; and (e) 40 hours of child abuse prevention.

C. On November 1, 2017, the Defendant issued a disposition of suspending the operation of a child care center under Article 45(1)4 and Article 45-2 of the Infant Care Act and Article 38 of the Enforcement Rule of the Infant Care Act (18 million won when replacing penalty surcharges) on the ground that the Plaintiff’s support center constitutes a case where a person who is under the management and supervision of an installer and operator of a child care center, etc., commits child abuse under Article 3 subparag. 7 of the Child Welfare Act based on the criminal facts in the above judgment.

(hereinafter “instant disposition of suspension of operation”). D.

On November 1, 2017, the Defendant: (a) against Plaintiff B on the basis of the facts stated in the above judgment, the reason for the disposition is “if a person who is under the management and supervision of the founder and operator of the Child Welfare Act, such as infant care teachers, commits child abuse under Article 3 subparag. 7 of the Child Welfare Act”; and (b) Article 46 of the Infant Care Act (the suspension of qualification for the head of the

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