Supreme Court bars repeat-ban orders for daycare violations

The Supreme Court ruled in a case challenging an order under the former Infant Care Act that authorities cannot issue correction orders prohibiting the repetition of specific violations at daycare centers if the original infraction has already stopped and its illegal consequences no longer exist.

The decision establishes that such commands are limited to rectifying existing wrongful states rather than preventing hypothetical future breaches.

In its ruling, the high court stated that provisions serving as the basis for detrimental administrative dispositions must be interpreted strictly and not expanded excessively to the disadvantage of the recipient. While purposive interpretation is permitted, it cannot exceed the possible meaning of the statutory text.

The justices reasoned that the statutory term "correction" fundamentally means rectifying a specific wrong to restore legal order. Because the former Act's Article 44 allows ministers to order corrections regarding specific violations but does not explicitly authorize bans on repeating the same type of violation, the scope of such orders is restricted to stopping ongoing acts or fixing their results.

The court warned that allowing forward-looking prohibitions where the initial violation has ceased would effectively permit authorities to impose suspensions or closures for future violations without explicit legal grounds. Under Article 45 of the former Act, operators face suspension or closure only if they violate a correction order; treating a corrected past violation as grounds for a new ban would improperly expand the scope of sanctions beyond what the legislature intended.