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(영문) 인천지방법원 2015.03.26 2014구합31951
시간연장어린이집지정취소처분 취소
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. The Plaintiff is the head of the C Child Care Center located in the Nam-gu Incheon Metropolitan City (hereinafter “instant Child Care Center”).

On September 16, 2011, the child care center of this case was designated by the Defendant as a special day care facility (including a child care facility extended by up to 24:00 hours after the lapse of the standard day-to-day childcare hours (07:30-19:30).

B. On March 22, 2012, the Defendant issued the Plaintiff a first warning of the revocation of the designation of childcare facilities for extended hours on March 27, 2012, on the grounds of “two months of the suspension of qualifications for childcare teachers, the head of the kindergarten, the return of subsidies, and the suspension of operation of the nursery facilities” on the grounds of “child abuse by childcare teachers on January 6, 2011, and the false claim and receipt of childcare fees by childcare children staying abroad on February 9, 2012.”

On January 21, 2013, the Defendant changed the “30 days of suspension of operation” among the above administrative dispositions to “ penalty surcharge of KRW 3,900,000.”

C. On January 24, 2013, the child care teacher of the instant case neglected to manage the child and left the child on the vehicle. On May 6, 2013, the Defendant rendered an administrative disposition against the Plaintiff on the ground of the instant case, “six months of qualification suspension for the president and six months of qualification suspension for the infant care teacher.”

On September 3, 2013, the Defendant issued a disposition revoking the designation of a child care center for extension of time to the instant child care center on the ground of an administrative disposition due to the Plaintiff’s violation of the Infant Care Act and subordinate statutes on two occasions (the cancellation date: March 1, 2014). Since all measures against children have not been completed, the Defendant changed the cancellation date to June 1, 2014, and decided to revoke the designation of a child care center for extension of time to the instant child care center.

E. The Plaintiff dissatisfied with the instant disposition and filed an administrative appeal on May 28, 2014, but the Incheon Metropolitan City Administrative Appeals Commission dismissed the said appeal on July 7, 2014.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 through 4 (including branch numbers in case of a tentative number), and Eul evidence Nos. 1 through 13.

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