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(영문) 부산고등법원 2020.02.14 2019누22347
사업정지처분 취소 청구의 소
Text

1. Upon the claim for a change in exchange in this court, the Defendant limited to the Plaintiff on December 13, 2019.

Reasons

1. Details of the disposition;

A. On March 12, 2009, the Plaintiff reported to the Defendant on the operation of C (7 accommodation capacity) a child welfare facility in Ulsan-gu B, Ulsan-gu, and operated the above C (hereinafter “instant child welfare facility”).

B. From the prosecutor of the Ulsan District Prosecutors’ Office on April 17, 2018, the Plaintiff was sentenced to a suspension of indictment for the facts under the Act on Special Cases concerning the Punishment, etc. of Child Welfare Facilities (the punishment of child abuse by employees, etc.) committed on the part of his/her hand on the ground that D had done a computer without his/her own permission on November 20, 2017. The Plaintiff was sentenced to a suspension of indictment for a violation of the Act on Special Cases concerning the Punishment, etc. of Child Welfare Facilities (the punishment of child abuse by employees, etc.).

(hereinafter “instant suspension of indictment”) C.

On June 15, 2018, the Defendant issued the instant disposition (hereinafter “previous 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, 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 “previous disposition”).

The first instance court rendered a judgment citing the Plaintiff’s claim seeking revocation of the previous disposition on June 20, 2019, and the Defendant filed an appeal against the above judgment, and subsequently changed the previous disposition to seven days (7 days from January 21, 2020 to January 27, 2020) of the suspension of operation of the child welfare facility of this case (hereinafter “instant disposition”) on the grounds of the same reasons as the previous disposition and the relevant statutes on December 13, 2019, and accordingly, the previous disposition was revoked.

recognized.

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