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(영문) 광주고등법원 2016.09.08 2015누7646 (1)
보육교사 자격취소 및 경력삭제 처분 취소
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

The first instance court.

Reasons

1. Circumstances of each disposition of this case;

A. The Plaintiff is a holder of the Plaintiff’s certificate of infant care teacher, who was appointed or dismissed as a five percent (0-1 years of age) of the opening and appointment of the C Child care Center located in Nam-gu, Gwangju (hereinafter “instant Child Care Center”) from May 2014 to September 2014, and is the representative of the instant Child Care Center, and is the deceased D’s wife on October 21, 2014 while serving as the principal of the instant Child Care Center.

B. The Ministry of Health and Welfare conducted guidance and inspection on the instant childcare center on September 25, 2014, and conducted guidance and inspection on the instant childcare center, and as a result, the network D, who was the president of the instant childcare center, reported the appointment and dismissal of the Plaintiff to the five-year childcare teachers of the instant childcare center, but the Plaintiff was not in charge of childcare services for about five months from May 2014 to September 2014, and the Plaintiff discovered the fact that E, who is not eligible for childcare teachers, was in charge of childcare services for about five months from May 2014, and notified the Gwangju Metropolitan City Mayor of such fact.

C. On October 1, 2014, the Gwangju Metropolitan City Mayor issued a disposition to revoke or delete the Defendant’s infant care teacher’s qualification.

On December 12, 2014, the Defendant notified the result of the review of the Ministry of Health and Welfare, such as Paragraph (1). The Defendant: (a) registered the Plaintiff, his spouse, from May 2014 to September 2014, as a teacher in charge of the Giri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-si, but the actual childcare had an unqualified person take care on behalf of the unqualified; (b) based on the Plaintiff’s experience under Article 22-2, Article 48(1)4, and Article 28(1)4 of the former Infant Care Act (amended by Act No. 12619, May 20, 2014; hereinafter “former Infant Care Act”); and (c) revoked the Plaintiff’s qualification as infant care teacher (hereinafter “instant disposition of cancellation of the qualification”), and (d) deleted the Plaintiff’s career from May 20 to September 14, 2014.

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