(영문) 서울고등법원 2019.02.08 2018누61675

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(영문) 서울고등법원 2019.02.08 2018누61675

어린이집 운영정지처분 취소 등

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1. All appeals filed by the plaintiffs are dismissed.

2. The costs of appeal are assessed against the Plaintiffs.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The reasoning of the judgment of the court of first instance is as follows, except for dismissal, addition, or deletion as follows:

Therefore, it shall be quoted in accordance with Article 8 (2) of the Administrative Litigation Act and the main sentence of Article 420 of the Civil Procedure Act.

Article 46 (Suspension of Qualifications for Head of Child Care Center) of the Infant Care Act (amended by Act No. 13321, May 18, 2015; hereinafter the same shall apply) (Article 46) of the former Infant Care Act (amended by Act No. 13321, May 18, 2015; hereinafter the same shall apply) shall be limited to Article 46 of the Infant Care Act. However, as Article 46 of the former Infant Care Act was amended by Act No. 13321, May 18, 2015, Article 46 of the former Infant Care Act (amended by Act No. 13321, May 18, 2015; hereinafter the same shall apply), "one year" in the part concerning the suspension period of qualifications for Head of Child Care Center (Article 1 (a) of the Child Care Act) shall be added to two years, and Article 5 of the Addenda of the Child Care Act shall be subject to the previous administrative disposition with respect to the offense prior to

Article 46 of the former Infant Care Act is applicable to the Act on the Grounds of Suspension of Qualification due to F’s Child Abuse committed before September 19, 2015. Since the provision regarding the suspension of operation of the instant case and the suspension of qualification was amended on May 18, 2015, Article 46 and Article 48 of the Infant Care Act are only Articles 46 and 48, the former Infant Care Act shall be indicated as “former Infant Care Act”, and each share at the bottom shall be added.

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