The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The judgment of the first instance.

Details of the disposition

The plaintiff shall be the head of the C Child Care Center in Jeju-si B (hereinafter referred to as the "Child Care Center in this case").

On September 1, 2009 and December 1, 2012, the Defendant issued an evaluation certification under Article 30 of the Infant Care Act (hereinafter “evaluation certification”) to the instant childcare center, respectively.

On April 30, 2014, the Plaintiff was indicted on the charge that, without notifying his/her guardian of the fact that he/she was planned to use part of the money in the name of the special activity expenses that he/she received from the guardian of the child in child in child care for another purpose, the Plaintiff was actually indicted on the charge that, in fact, he/she received the amount exceeding the agreed amount to be paid as the education expenses from the special activity enterprise in the manner of receiving from the guardian the total amount of KRW 16,124,994 over 3,81 times from March 1, 2010 to January 3, 2014, and received the said money from the guardian (No. 2014 High Court Decision 2694). The instant case was referred to the trial proceedings on July 2, 2014.

On October 31, 2014, when the relevant criminal procedure was in progress, Jeju District Court Decision 2014 Godan860 (hereinafter “Related criminal procedure”). Jeju Special Self-Governing Province Governor designated the instant childcare center as a public childcare center. On December 1, 2015, the Defendant issued an evaluation certification again on the instant childcare center.

'2016 Public Child Care Guidelines' prepared and circulated by the Ministry of Health and Welfare to local governments, etc. provides that ① a person subject to the disposition of Article 46 of the Infant Care Act (Suspension of Qualifications for the Director of Child Care Center) shall work as the president within the last two years, and ② a person subject to the exclusion from re-election where a suspicion is confirmed after being notified by an investigation agency of the fact that the person was selected and operated in a public form

On June 21, 2017, in the first instance court of the relevant criminal procedure, the violation of the Infant Care Act and the fraud against the plaintiff are committed.