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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Details of the disposition;
A. The Plaintiff is the operator of C Child Care Center in Scheon-si B (hereinafter “instant Child Care Center”).
B. ① From August 2, 2017 to August 16, 2017, D, a child care teacher of the instant case, committed physical abuse on eight occasions against five (5) children of the instant child care center at the instant child care center, and committed emotional abuse on three (3) occasions, and was sentenced to a suspended sentence of one year and forty (40) hours of imprisonment at the District Court of the Republic of Korea on December 27, 2018.
(2) From August 1, 2017 to August 21, 2017, E, a child care teacher of the instant case, committed physical abuse on eight occasions at the instant child care center for four (4) children at the instant child care center, and was sentenced to a fine of KRW 2.5 million at the Seoul High Court on May 3, 2019, and a fine of KRW 2.5 million at the Seoul High Court on 2019.
(Seoul High Court Decision 2019No100, and the above judgment became final and conclusive on July 24, 2019). (3) On August 16, 2017, F, a child care teacher of this case, was subject to a disposition of suspension of indictment at the government prosecutor’s office of the government prosecutor’s office of May 25, 2018 on the ground that F, a child care teacher of this case, committed physical abuse in the child care center of this case on or around 11:30 on August 16, 2017.
(4) G, the head of the child-care center of this case, was suspended from prosecution on May 25, 2018 on the ground that he/she neglected to exercise caution and supervision over the prevention of the instant abuse.
C. On June 25, 2018, the Defendant issued a penalty surcharge of KRW 18,00,000 in lieu of six months of the suspension of operation pursuant to Articles 45(1)4 and 45-2(1) of the Infant Care Act on the ground that the instant child care center committed the instant abuse against the Plaintiff.