Court Upholds Lowest Rating for Daycare Despite Whistleblower's Cooperation

The Seoul Administrative Court has ruled that the Ministry of Education's decision to assign the lowest rating to a daycare center is justified, even though the center's director reported suspected child abuse by a teacher and cooperated fully with the investigation. The court's ruling came in response to a lawsuit filed by A, the director of a daycare in Yeoju, who sought to overturn the Ministry's decision. In November 2022, A received a tip from a parent regarding suspected abuse by teacher B. The following day, A confirmed the abuse through CCTV footage and reported B to the police. Investigations revealed that B had physically assaulted children for not napping, including hitting one child four times and pulling another's leg. However, the Suwon District Prosecutor's Office decided not to prosecute B in August 2023. Subsequently, the Ministry of Health and Welfare notified A in April 2024 that the daycare's rating would be adjusted to the lowest level due to violations of the Child Welfare Act. A argued that the Ministry failed to consider her proactive reporting and cooperation, which could have mitigated the penalties. She also claimed that as a whistleblower under the Whistleblower Protection Act, she should not face administrative disadvantages. The case was transferred to the Ministry of Education following a reorganization of government responsibilities in December 2021. The court determined that the Ministry's actions were not discretionary but mandatory under the law, which requires the lowest rating in cases of confirmed child abuse. The court also rejected A's claim regarding the Whistleblower Protection Act, stating that the decision was based on the occurrence of abuse, not on A's report. A has appealed the ruling, and the case is currently under review by the Seoul High Court.