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(영문) 대전지방법원 2019.07.24 2018구합105797
평가인증 취소 처분의 복원 취소 처분 취소 청구의 소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Details of the instant disposition

A. The Plaintiff is a person operating the C Child Care Center in Busan, Nam-gu, and the said Child Care Center was certified by the Defendant as the effective period from August 15, 2017 to August 14, 2020.

B. On August 9, 2017, Busan District Court’s Dong Branch Branch (2017 Godan978) sentenced D to imprisonment for six months and two years of suspended execution for D and three million won of suspended sentence for E, respectively, by recognizing that D and E are guilty of the following criminal facts as to childcare teachers of the instant childcare center.

Therefore, although the prosecutor appealed against D, the Busan District Court (2017No3153), which was the appellate court, declared that the appellate court dismissed the appeal on December 7, 2017.

(E) On August 17, 2017, the conviction of D was finalized on December 15, 2017, and the conviction of D was finalized on December 15, 2017, and the above conviction became final and conclusive (hereinafter “relevant criminal judgment”). The Defendants (D and E) served as infant care teachers at the “C Child Care Center in Busan Southern-gu, Busan, and the victimized child F (2 years of age and South) was financed by the said child care center.

1. No person who is accused D shall commit any physical abuse against a child that may injure his/her body or injure his/her physical health and development;

그럼에도 불구하고 피고인은 2017. 5. 9. 12:15경 위 어린이집 'G반' 내에서, 피해 아동이 밥을 빨리 먹지 않고 장난을 친다는 이유로 숟가락으로 억지로 밥을 떠먹이거나 식판에 있던 음식을 입에 부어 넣고 큰소리로 윽박지르면서 우측 손으로 피해 아동의 우측 머리 부위에 속칭 ‘딱밤’을 때렸다.

Although the Defendant continued to provide meals to the victimized child in a normal condition, the Defendant laid down the floor by strong cutting down the threshold of the victimized child, laid down his/her two arms, pushed down his/her two-meter tightly, and shaking his/her upper part of the body.

The Defendant, once again, re-drawed the victimized child.

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