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(영문) 대구지방법원 2019.04.25 2018구합24973
영아전담어린이집 지정취소처분 취소
Text

1. The Defendant’s revocation of the designation of a child care center exclusively in charge of infants granted to the Plaintiff on November 6, 2018 shall be revoked.

2...

Reasons

1. Details of the disposition;

A. The Plaintiff is the representative of C Child Care Center B located (hereinafter “Child Care Center”) and the husband of D of the former representative of the Child Care Center D.

B. D, on February 17, 200, obtained authorization for childcare facilities as the representative of the instant childcare center and operated the said childcare center until October 15, 2018.

C. On October 11, 2018, D filed an application with the Defendant for authorization to change the representative of the instant childcare center from D to the Plaintiff, and on October 16, 2018, the said application was accepted and the representative of the instant childcare center was changed from D to the Plaintiff.

On November 6, 2018, the Defendant issued a disposition to revoke the designation of a child care center exclusively in charge of infants and children on the ground that the above representative’s change to the Plaintiff constitutes “where the name of the representative is changed due to the transfer, inheritance, seizure, or sale of gift,” which is the ground for the revocation of the designation of a child care center exclusively in charge of infants and children under the 2018 Guidelines (hereinafter “instant

hereinafter referred to as "disposition of this case"

(ii) [based for recognition] unsatisfy, Gap evidence 1 to 4, and 6 (including each number, if any; hereinafter the same shall apply);

written evidence Nos. 1, 2, 6, 7, and 9, and the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion 1) The instant guidelines, which served as the basis for the instant disposition, are merely guidelines set by the Ministry of Health and Welfare, and are invalid since they are invalid because they restrict the change of the representative of the infant care center beyond the scope of delegation by the Infant Care Act, which is superior corporations, and are beyond the scope of delegation by the Infant Care Act. Thus, the instant dispositions based on the instant guidelines, should be revoked illegally. 2) Even if the instant guidelines are valid, the change of the representative of the instant childcare center is about 18 U.S., which continued to be elected during the period of 180 U.S. local election, and it is inevitable to hold the above representative of the childcare center.

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