logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 인천지방법원 2020.11.26 2020구합590
사회복지사업법위반시설장교체(사전통지)취소
Text

The instant lawsuit is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Details of the disposition;

A. Social welfare foundation B (hereinafter referred to as “social welfare foundation”) is a corporation established for the purpose of carrying out a facility for disabled persons (facilities) and a program for supporting persons with disabilities with home care (hereinafter referred to as “instant protective facility”) in Bupyeong-gu Incheon Metropolitan City, Bupyeong-gu, which is a “D” (hereinafter referred to as “instant protective facility”).

B. The head of the instant protective facility (the head) was changed from February 7, 2020 to the Plaintiff.

C. On September 10, 2019, the Defendant issued a written notice to Nonparty Foundation and the instant protective facility to request the submission of its opinion on the replacement of the head of the facility by September 26, 2019 pursuant to Article 40(1)4 of the Social Welfare Services Act and Article 26-2 [Attachment 4] of the Enforcement Rule of the same Act (hereinafter “the legal ground for the disposition”), on the ground that “the victim F was sealed on the victim’s book on the ground that the victim F was not present in the instant protective facility, and was indicted and sent as a result of police investigation on the ground that the victim F was not present in the program” (hereinafter “instant cause for disposition”).

(hereinafter “Advance notice of this case”). In the event of abuse, preparation and implementation of education for human rights and care manuals suitable for the characteristics of the facility users, and submission to the Defendant by April 24.

D. Since then, on March 19, 2020, the Defendant issued the instant order for improvement to the instant protective facility on the ground that “the FF user’s book was sealed on June 5, 2019, carried the F user’s left side on two occasions, and assaulted twice the F user’s head on two occasions within the instant protective facility” based on the legal basis of the disposition as seen earlier.

[The facts that there was no dispute over the basis of recognition, Gap 2, Eul 1-3, the purport of the whole pleadings.

2. Determination on the defense prior to the merits

A. The gist of the parties’ assertion is stated in the prior notice of this case.

arrow