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(영문) 울산지방법원 2019.06.20 2018구합6786
사업정지처분 취소 청구의 소
Text

1. On June 15, 2018, the Defendant’s disposition to suspend the operation of a child welfare facility (joint home) against the Plaintiff for six months.

Reasons

1. Details of the disposition;

A. On March 12, 2009, the Plaintiff reported to the Defendant on March 12, 2009, the operation of a child welfare facility C (7 accommodation capacity) in Ulsan-gu B, Ulsan-gu, and operated the said C from that time.

(hereinafter “instant child welfare facilities”). B.

On April 17, 2018, the Plaintiff received a disposition of suspension of indictment for a violation of the Act on Special Cases Concerning the Punishment, etc. of Child Abuse Crimes (Punishment of Child Welfare Facilities Employees, etc.) (hereinafter “Child Welfare Facilities”) against the victim’s physical abuse, which causes harm to the mental health development and physical health of the victimized child, and at the same time commits emotional abuse, by leaving the victim at the upper end of 40 meters in width and 10 meters in length under the left side of D, on the ground that D used the computer without its own permission, on the ground that D used the computer without obtaining its own permission.

(hereinafter “Disposition of Suspension of Prosecution”) C.

On June 15, 2018, the Defendant issued a disposition to the Plaintiff based on Article 56(1)4 of the Child Welfare Act, Article 53 of the former Enforcement Decree of the Child Welfare Act (amended by Presidential Decree No. 28694, Mar. 6, 2018; hereinafter the same shall apply), and attached Table 13 of the former Enforcement Decree of the Child Welfare Act (amended by Presidential Decree No. 28694, Mar. 6, 2018) for six months (from August 1, 2018 to February 28, 2019) of the suspension of operation of the child welfare facility of this case.

(hereinafter referred to as "the Disposition in this case"). 【No dispute exists, entry in Gap evidence 1 to 6 and the purport of the whole pleadings.

2. Whether the instant disposition is lawful

A. The gist of the Plaintiff’s assertion 1) The Plaintiff did not have committed physical and emotional abuse against D, such as causing D to display plastic kimchi lids, etc. The instant disposition is unlawful as it was issued without a fact constituting the grounds for the instant disposition. 2) Even if the Plaintiff had a child abuse against D.

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