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(영문) 서울행정법원 2017.11.10 2016구합73511
서울형 어린이집 공인취소처분 취소의 소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

The details and details of the disposition are from April 20, 2004 to the name of “C Child Care Center” and “D Child Care Center” in Guro-gu Seoul Metropolitan Government.

(hereinafter “instant child-care center.” On April 21, 2009, the Plaintiff obtained the official approval of the Seoul Child-care Center on the instant child-care center from the Defendant and re-official approval on December 31, 2013 (hereinafter “instant official approval”).

On July 14, 2014, the Plaintiff obtained a child-care center evaluation certification (hereinafter “instant evaluation certification”) from the Minister of Health and Welfare as to the instant child-care center from August 1, 2014 to August 14, 2017, with respect to the term of validity of the instant child-care center.

The Plaintiff’s husband E, from September 30, 208 to December 26, 2014, subsidized after-school teachers, while serving as the driver of the instant childcare center. On October 22, 2015, the Seoul Southern District Court dismissed the instant childcare center from the Seoul Southern District Court on September 22, 2015 to F (the age of 8 at that time) who participated in after-school classes on four occasions by forcing the said victim to have his/her sexual organ part of the child care center of this case met, or immediately brut his/her fingers, (hereinafter “instant violation”). However, on March 31, 2016, the Plaintiff appealed on the charge of the violation of the Act on the Punishment of Sexual Crimes and the Protection of Victims, and thus, the judgment became final and conclusive on April 28, 2016.

On August 5, 2016, the Minister of Health and Welfare revoked the instant evaluation certification based on Article 30 (5) 4 of the Infant Care Act on the ground that the Plaintiff violated the Child Welfare Act (Seoul Southern District Court Decision 2015Da1540, Oct. 2, 2015).

On August 11, 2016, the Defendant constituted a case where the Plaintiff was found to have committed child abuse as a result of a court judgment regarding the child care center of this case. ② The instant evaluation certification was revoked.

The term "the accreditation of this case was cancelled (ended)".

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