The judgment below is reversed, and the case is remanded to Busan High Court.

The grounds of appeal are examined.

1. The Enforcement Decree or the Enforcement Rule of an Act shall not change or supplement the contents of rights and obligations of individuals or prescribe new contents that are not prescribed by an Act, unless otherwise delegated by the Act;

However, considering the legislative intent of the parent law and the whole of the related provisions in an organic and systematic manner, it is nothing more than specifying whether it is possible to interpret the parent law, or if it is intended to embody them based on the purport of the parent law provision, it cannot be viewed as exceeding the scope of the parent law regulation.

In such a case, it shall not be deemed null and void even if there is no provision directly delegated to the parent law.

On August 20, 2014, the former Infant Care Act (amended by Act No. 9932, Jan. 18, 2010; hereinafter “ Infant Care Act”) provides for the qualifications of infant care teachers under Article 21(2) of the Infant Care Act (see, e.g., Supreme Court Decision 2012Du19526, Aug. 20, 201).

Accordingly, Article 13(1) of the former Enforcement Rule of the Infant Care Act (amended by Ordinance of the Ministry of Health, Welfare and Family Affairs No. 124, Jul. 3, 2009; hereinafter “Enforcement Rule”) provides that “The educational and training facilities under Article 21(2)2 of the Act refer to the facilities designated by the Mayor/Do governor as education and training facilities after undergoing deliberation by the local infant care policy committee under Article 6 of the Act from among the facilities equipped with certain facilities and teaching personnel to train infant care teachers.”

Furthermore, until Article 13(2) through 15, the Enforcement Rule shall determine the procedures for designation of education and training facilities, the standards for establishment of education and training facilities and changes thereof, etc., and each subparagraph of Article 16(1).