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(영문) 대전지방법원 2016.11.24 2016구합102145
평가인증취소처분 취소청구의 소
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. From April 2012, the Plaintiff established and operated “C Child Care Center” (hereinafter “instant Child Care Center”) in Daegu-gu, Seogu, and received the evaluation certification under Article 30 of the Infant Care Act for the instant Child Care Center from the Defendant.

B. On July 30, 2015, the child care teacher D of the instant childcare center was subject to a disposition of “part of suspicion (defluence of evidence) and suspension of indictment on condition of taking the education for some child abuse offenders,” as to the suspected violation of the Child Welfare Act by the prosecutor of the Seo-gu District Prosecutors’ Office in the Daegu District Prosecutors’ Office.

Title of the scheduled disposition: The fact that constitutes the ground for the disposition of revocation of the evaluation of a child care center - The occurrence of the ground for revocation after the selection of the evaluation and certification child care center - the legal grounds and details of the decision of suspension of indictment on July 30, 2015 of the Daegu District Prosecutors' Office: Article 30 (5) 4 of the Infant Care Act and Article 32-2 subparagraph 1 of the Enforcement Rule of the same Act: The childcare policy and the submission deadline: the Minister of Health and Welfare, and the childcare policy - the submission deadline:

C. On April 7, 2016, the Defendant issued a prior notice of revocation of a child care center evaluation certification (hereinafter “instant prior notice”) to the Plaintiff with the following content.

On April 2016, the Plaintiff submitted to the Defendant a written opinion on the instant advance notice.

E. On April 29, 2016, the Defendant notified the Plaintiff of the disposition that the instant child-care center should be revoked (hereinafter “instant disposition”) on the ground that the “Seoul District Public Prosecutor’s Office’s Office rendered a decision to suspend indictment for violating the Child Welfare Act” on July 30, 2015. The instant disposition notice included “Article 30(5)3 of the Infant Care Act” on the legal basis.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, 6, Eul evidence 1, the purport of the whole pleadings

2. Whether the disposition is lawful;

A. The plaintiff's assertion 1) The legal basis stated in the disposition of this case is the legal basis.

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