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(영문) 부산고등법원(창원) 2015.10.14 2014누11772
교육훈련시설지정 취소 처분 취소
Text

1. Revocation of a judgment of the first instance;

2. The Defendant’s revocation of the designation of education and training facilities for the Plaintiff on December 12, 2013.

Reasons

1. Details of the disposition;

A. The party-related Plaintiff is a person who operates the C Education Center in charge of education and training to train infant care teachers (hereinafter “instant Education Center”).

B. On May 7, 2013, D issued a certificate of completion to KRW 2 million from the head of the education center for infant care teachers in the area of Gyeongnam-do, and reported the fact that D is under investigation at the Seoul Song-do Police Station on suspicion of having obtained a false certificate of completion. (2) The Defendant conducted a self-inspection on the education and training facilities for infant care teachers in Gyeongnam-do, and conducted a business trip on May 30, 2013 to the instant education center for the purpose of inspecting the operation of education, educational administration, and issuance of other certificates.

3) However, as a result of the inspection, the Defendant discovered the fact that E was issued a certificate of completion on December 30, 2008 at the instant education center, and that it was not indicated in the list of trainees reported by the Plaintiff to the Defendant in 2008. (c) On the other hand, the Seoul Songpa Police Station requested an administrative disposition against the Plaintiff, E, etc. on October 1, 2013, based on the violation of the Infant Care Act.

2) On October 7, 2013, the Defendant issued a false certificate of completion to the Plaintiff on the grounds that he/she issued the certificate of completion to the Plaintiff, which falls short of the recognition criteria for the completion of education and training facilities. 3) On October 24, 2013, the Defendant held the hearing procedure on October 24, 2013. The Plaintiff issued a false certificate of completion to E who did not complete the permitted curriculum, and stated to the effect that E opened and trained the weekend special class as the relation in which E resides in Seoul.

1) The Defendant’s revocation of the designation of education and training facilities is subject to the deliberation and resolution by the Infant Care Policy Committee on December 4, 2013, and on December 12, 2013, the former Enforcement Rule of the Infant Care Act (Ordinance of the Ministry for Health, Welfare and Family Affairs, July 3, 2009).

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