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1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The first instance court.
Reasons
1. The reasoning for the court’s explanation of this case is as stated in the reasoning for the judgment of the court of first instance, except for the Plaintiff’s determination as to the contents asserted in the court of first instance as stated in the following paragraph (2). Thus, this is cited in accordance with Article 8(2) of the Administrative Litigation Act and Article 420 of the Civil Procedure Act.
2. Additional determination as to the Plaintiff’s assertion
A. Even if the grounds for the disposition of this case alleged by the Plaintiff exist, the administrative guidance alone can sufficiently achieve the purpose of policy, the appointment and disposal of only some of the cases similar to this case goes against the principle of equity as the defendant's arbitrary disposition, and the Plaintiff only used the money returned as notified to the guidance for infant care services for other special activities, and there was no awareness of the violation of the law. If the disposition of this case becomes final and conclusive, the authorization for public child care centers operated by the Plaintiff may be revoked and the evaluation certification may also be revoked, thereby infringing on the rights and interests of infants and their parents, and thus going against the public interest purpose. In light of the above, the disposition of this case is highly likely to infringe on the rights and interests of infants and their parents due to the suspension of the operation subsidy and operational support program, the deterioration of the working environment of infant care teachers, etc.
Therefore, the instant disposition is unlawful as it deviates from or abused discretionary power.
B. 1) The purpose of the Infant Care Act is to protect the mental and physical health of infants and train healthy members of society by providing sound education, as well as to contribute to the promotion of home welfare by facilitating their guardians’ economic and social activities (Article 1).