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1. The instant lawsuit shall be dismissed.
2. The costs of the lawsuit are assessed against the defendant.
Reasons
1. Basic facts
A. The Plaintiff was the president of the “C Child Care Center” in Jeju City B.
B. On June 8, 2016, the Defendant issued to the Plaintiff a notice of imposition, collection, and collection of KRW 12,60,000 for the revocation of the qualification of the Director and Infant Care Teachers, and penalty surcharges pursuant to Articles 45-2 and 48(1)3 of the Child Welfare Act on the ground of the Plaintiff’s violation of Article 17 of the Child Welfare Act (the due date of payment June 30, 2016).
C. On June 13, 2016, the Plaintiff filed a lawsuit against the Defendant seeking revocation of each of the above dispositions with the Jeju District Court 2016Guhap5352, and applied for suspension of execution as the above court 2016Guhap1019 with respect to each of the above dispositions.
On July 8, 2016, the above court rendered a decision that the effect of each of the above dispositions shall be suspended until 14 days after the judgment of the above case is rendered.
Meanwhile, the Defendant appealed against the foregoing decision and filed a complaint with Jeju High Court Decision No. 2016lu2, and the above court rendered a decision on May 23, 2017 that “The part against the Defendant regarding the application for suspending the execution of the penalty surcharge, among the first instance decision, shall be revoked, and the Plaintiff’s application corresponding to the revoked part shall be dismissed.”
The above decision was finalized around that time.
On July 26, 2017, the Defendant imposed a penalty surcharge on the Plaintiff in accordance with the violation of the Child Welfare Act, and the Jeju District Court revoked the part against the Defendant regarding the application to suspend the execution of the imposition of the penalty surcharge among the decisions of the first instance court, and dismissed the Plaintiff’s application corresponding to the revocation portion. The Defendant notified the Plaintiff of the imposition of the penalty surcharge on the grounds of a decision (e.g., May 23, 2017). In accordance with Article 45-2 of the Child Welfare Act, the Defendant imposed a penalty surcharge of KRW 12,60,000 on the ground of the Plaintiff’s violation of Article 17 of the Child Welfare Act, imposed a penalty surcharge of KRW 12,60,000 on the ground of the imposition of the penalty
E. On October 26, 2017, the Plaintiff submitted a written withdrawal of the lawsuit against the instant Jeju District Court 2016Guhap5352, and the Defendant accordingly.