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(영문) 부산지방법원 2016.10.07 2016구합22040
어린이집 변경인가 거부처분 취소
Text

1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Details of the disposition;

A. On July 1, 2015, Plaintiff A operated “D Child Care Center” located in Busan-gun C, and Plaintiff B operated “F Child Care Center” located in Busan-gun E on March 10, 2014, respectively.

B. On October 22, 2015, the Plaintiffs submitted to the Defendant an application for authorization to change the number of childcare centers for the increase in the number of childcare centers for each childcare center.

C. On October 29, 2015, the Defendant decided on October 29, 2015 to increase the number of childcare staff in 2015 as 80 as a result of the deliberation by the relevant Child Care Policy Committee, but, if necessary to increase in the future, after deliberation by the Child Care Policy Committee, the Defendant responded to the Plaintiffs that the Plaintiffs would reflect the agenda in accordance with the deliberation results after submitting it to the Child Care Policy Committee on November 2015.

At that time, the Plaintiffs submitted to the Defendant a second and third application for the increase in the childcare quota, and the Defendant notified the Plaintiffs on December 3, 2015 that the number of persons to increase the childcare quota was derived due to changes in circumstances.

E. On December 10, 2015, the Defendant publicly announced the following: (a) the number of persons permitted to increase the maximum number of persons permitted to change the childcare center of the captain-gun in 2015; and (b) the application period from December 14, 2015 to December 17, 2015.

F. On December 21, 2015, the Defendant responded to the Plaintiffs on the ground that “The increase in the number of G Child Care Centers in 2015 is being announced as of December 10, 2015 as of December 10, 2015, and the number of increase requested by the Plaintiffs, H, and I exceeds the total number of increase in the G. The number of increase in the number requested by the Plaintiffs, H, and I exceeds the total number of increase in the G. The Defendant sent a reply to the Plaintiffs on the ground that it would notify the methods of increase and guidance if re-application is filed with the application

hereinafter referred to as "the reply of this case"

G. On January 4, 2016, Plaintiff B filed an application with the Defendant for authorization to change the number of childcare centers from 95 to 105.

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