1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. The Plaintiff is a person who was working as a “D childcare center” teacher for the operation of Nonparty C, located in Nonparty C at Sam-si.

B. On July 30, 2018, the Defendant received a notice from the head of the Gangwon-gu Police Station of the case where “the Plaintiff conspired with C, and received subsidies of KRW 7,374,260 in total from August 23, 2013 to May 25, 2018, for personnel expenses and working hours extension team allowances, by false or other unlawful means,” and issued a notice of the case where “the Defendant received subsidies of KRW 7,374,260 in total from August 23, 2013 to May 25, 2018,” and issued a disposition to suspend the qualification of one-month infant care teachers against the Plaintiff on November 26,

(hereinafter referred to as the “instant disposition”). When an infant care teacher subject to the administrative disposition causes damage to his/her qualification intentionally or by gross negligence in connection with his/her duties (in other cases, the suspension of qualifications for infant care teachers: One month - Suspension period: from January 1, 2019 to January 31, 2019 to January 31, 2019, Article 39(2) of the Enforcement Rule of the Infant Care Act (the suspension of qualifications for infant care teachers) (the administrative disposition, etc. against the head of a child care center and a infant care teacher)

C. Meanwhile, on November 21, 2019, the Plaintiff was indicted on the charge of the above suspicion, and was granted a suspended sentence of a fine of KRW 2 million for a total of KRW 3,053,260,000 for a total of KRW 3,053,260, and was rendered a judgment of innocence for a total of KRW 4,321,00 for a part-time extension team service allowance, and the said judgment became final and conclusive around that time.

(No. 1142 of this Court) / [Grounds for recognition] Gap 1 to 4, Eul 1 to 5 (including additional numbers), the purport of the entire pleadings

2. Whether the instant disposition is lawful

A. Considering the fact that administrative laws and regulations, which serve as the basis for the Plaintiff’s assertion of indivating administrative acts, should be strictly interpreted and applied, Article 47 of the Infant Care Act applies only to cases where infant care teachers inflict damages on infants, and even if the Plaintiff unlawfully received subsidies, thereby causing any damage to infants.