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(영문) 대전고등법원 2016.07.08 2015누13787
보육교사 자격취소처분 등 취소
Text

1. The plaintiff's appeal is dismissed.

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

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 cited by the court of first instance is identical to the ground of the judgment of the court of first instance, except for a change in part of the judgment of the court of first instance as described in the following paragraph (2). Thus, it is accepted in accordance with the main sentence of Article 420 of

2. The replacement part of the 3rd box "2,253,670 won" from 12 to 13 of the 12th box "the 3rd box "the 2,253,670 won for the improvement of school work environment" shall be replaced by "the 150,000 won for the improvement of school work environment, the 1,503,670 won for the course of social service, and the 600,000 won for the improvement of the course of treatment."

Part 6 5, 7, 7, 7, 12, 8, 11, 11, 4, and 12, each "Witness" is replaced by each "Witness of the first instance trial".

Part 8 is replaced by “I have not given notice,” “I have not given notice,” “I have not given notice,” but “I have not given a clear notice,” “I have not given notice.”

Part 9, Section 5, Section 6, “(2) of the Framework Act on Administrative Investigations” to Section 13 of the same Chapter is also replaced by “B, as seen earlier, the Plaintiff, F, and H, who is the person subject to the investigation at the time of the instant on-site investigation, are either verbally notified or indirectly notified of the purpose, etc. of the instant on-site investigation. In such a situation, the person subject to the investigation, as well as the general investigation, has responded to the recording of his statement without any objection, and there is no evidence suggesting that the coercion or hearing of the on-site investigation officer has been changed in the process. Therefore, it is difficult to deem that the right to refuse the investigation was not clearly notified to the person subject to the investigation, thereby impairing the authenticity and legitimacy of the investigation.” ③ The instant on-site investigation is an administrative investigation based on voluntary cooperation of the parties, and its procedural strictness is not necessarily required to be considered as the same as the criminal procedure with regard to the criminal investigation.”

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