1. The plaintiff's claim is dismissed.

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

1. Details of the disposition;

A. The Plaintiff is the head of “C Child Care Center” in Silsi City B (hereinafter “instant Child Care Center”), who operates the instant Child Care Center.

B. On August 17, 2016, at the childcare center of the instant childcare center, there was an accident that an infant E (hereinafter “victimd child”) under childcare (hereinafter “instant accident”) takes a picture on clothes, etc. as an electric set up a cable of the electric coffee so that the water inside the coffee set up is accumulated into the telegraph of the victimized child, while bringing water to the window at a height of 83cc high from the floor of the infant D in the electric coffee set up in the 83cm.

C. On July 2, 2018, the Defendant rendered a disposition of suspending the qualification of the president for six months (from August 1, 2018 to January 31, 2019) (hereinafter “instant disposition”) pursuant to Article 46 Subparag. 1(a) of the Infant Care Act on the ground that “the Plaintiff, as the head of a child-care center, inflicted a serious bodily injury on the infant’s body by intention or gross negligence during the performance of his/her duties” (hereinafter “instant disposition”).

On the other hand, with respect to the instant accident, the Plaintiff was convicted of two years of suspended execution for six months of imprisonment without prison labor due to the criminal facts stated in attached Form 1 (Attached Form 1) in relation to the instant accident, and was appealed by the Plaintiff, but the appeal was dismissed on September 7, 2018 (U.S. District Court 2018No1754), and the Plaintiff’s appeal is still pending in the final appeal after the final appeal.

(Supreme Court Decision 2018Do15476). [Grounds for recognition] The fact that no dispute exists, Gap evidence Nos. 1, 3, Eul evidence No. 6, and the purport of the whole pleadings

2. The plaintiff's assertion

A. Article 46 subparagraph 1 (a) of the Infant Care Act provides that the head of a child-care center may suspend the qualification of the head of the child-care center only when he/she causes any damage to an infant due to “an intention or gross negligence” among his/her duties. Since the Plaintiff is not deemed to have “an intention or gross negligence” in relation to the instant accident, the instant disposition is taken.