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(영문) 창원지방법원 2016.06.21 2015구합23401
유치원 규칙변경(학급증설)인가 신청 반려 처분 취소
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Details of the disposition;

A. The Plaintiffs are the operators of the D Kindergartens located in the Masan-si, Changwon-si, Masan-si C (hereinafter “instant kindergarten”).

B. In order to establish the instant kindergarten, Plaintiff B requested the Defendant to approve the establishment plan of the kindergarten several times since April 2013.

However, the defendant rejected the plaintiff's request for approving the establishment plan of the kindergarten on the ground that "the size of the kindergarten scheduled to be established (18 class 540) is not suitable for the defendant's enrollment plan for young children."

C. On December 20, 2013, Plaintiff B accepted the Defendant’s return grounds, such as reducing the number of classes and the fixed number of students of the instant kindergarten with nine classes and two hundred and fifty, and requested the Defendant to approve the establishment plan again. On December 27, 2013, the Defendant issued a disposition to approve the establishment plan of a kindergarten, and issued a disposition to authorize the establishment of a kindergarten on December 3, 2014.

On October 19, 2015, the Plaintiffs filed an application with the Defendant for authorization to amend the kindergarten rules with the content that the number of classes is changed from 9 up to 18 classes, and that the prescribed number is changed from 250 up to 504 persons.

(hereinafter “instant application”) . E.

On October 30, 2015, the Defendant rejected the Plaintiff’s application on the ground that “as a result of reviewing the infant accommodation plan in the year 2015-2017, taking into account the result of the demand survey for kindergarten enrollment in the school where the place of the Plaintiff’s kindergarten belongs (hereinafter collectively referred to as “Gumsan”) and the rate of kindergarten enrollment in the last three years, the annual trend of kindergarten enrollment based on the rate of kindergarten enrollment, and the annual trend of kindergarten enrollment in the year 2015-2017, taking into account public, private, private, and kindergarten enrollment, no new or expanded causes occur in the year 201

(hereinafter “Disposition in this case”). [Grounds for recognition] The fact that there is no dispute, entry of Gap’s evidence Nos. 1 through 3, the purport of the whole pleadings.

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion 1 Early Childhood Education Act only provides for the authorization standards for the establishment of a kindergarten, and the class or the fixed number of a kindergarten.

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