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(영문) 춘천지방법원 2015.07.10 2014구합4892
공공형 어린이집 선정 취소처분의 취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

Details of the disposition

The Plaintiff is the operator of the C Child Care Center located in Chuncheon City B (hereinafter referred to as the “C Child Care Center”).

During the period from July 201 to June 2012, the Minister of Health and Welfare: (a) selected excellent childcare centers meeting certain requirements among private and home childcare centers under Article 10 of the Infant Care Act; and (b) implemented a "public childcare center pilot project" to subsidize operating expenses for the quality management of childcare with the budget of the relevant local government; and (c) from July 2012, he/she transferred some duties to the Mayor/Do Governor and the head of each Si/Gun/Gu.

Public child-care center projects shall select child-care centers meeting the selection criteria in comprehensive consideration of evaluation and certification points, expertise of infant-care staff, building type, operation of vulnerable child-care services, etc. for child-care centers participating in the public recruitment, and the selected child-care centers shall support operating expenses.

According to the Ministry of Health and Welfare’s guidelines for the demonstration projects of public childcare centers issued by the Minister of Health and Welfare (hereinafter “Guidelines”), the Minister of Health and Welfare set the period of the project from August 8, 201 to June 2012, 201, but the Minister of Health and Welfare around July 2012, 2012, after the completion of the demonstration project, provides that the Minister of Health and Welfare shall implement the project in 2012.

) Upon issuing an order, the term of selection for a child-care center selected as a pilot project operator during the period of public child-care centers was extended from September 2012 to three years, and the term of validity of public child-care centers (the term of validity of evaluation certification for a child-care center whose period of evaluation certification has expired within three years) is not more than 90.00 points, the public-service child-care centers should be cancelled.

The Plaintiff’s instant case from the Minister of Health and Welfare on March 3, 2011.

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