If the principal of a national school operated by Seoul Special Metropolitan City as a subsidiary of a school is organized not in the budget of the Si, but in the fostering fee, which is composed of ex officio directors, and is appointed as a temporary employee, it is reasonable to view that the principal of a local government is not in the qualification of the head of the agency belonging to the Si, but in the qualification of ex officio director of the fostering council, not in the qualification of the head of the agency belonging to the Si, and that the employee is not in the qualification of the head of the agency belonging to the Seoul Special Metropolitan City. Therefore, the employee cannot be said to have worked

According to the judgment of the court below and the records of this case, the court below recognized that the plaintiff was employed as a temporary employee by the principal of the new forest national school in the management of the defendant Seoul Special Metropolitan City, but the full amount of the remuneration was paid from the school fostering fees (the principal of the school can be aware that he is an ex officio director of the fostering Council according to the evidence No. 2 of this case which did not dismiss the original trial). Thus, the plaintiff cannot claim retirement allowances under the Labor Standards Act since he did not have worked under a labor contract with

In relation to this point, the court below's finding that the plaintiff was appointed by the Seoul Special Metropolitan City, and accepting the plaintiff's claim for retirement allowance is illegal, and it is not justified.

Therefore, without proceeding to decide on the remaining grounds of appeal, the part against the defendant among the judgment below is reversed, and the case is remanded to the court below for further proceedings consistent with this Opinion. It is so decided as per Disposition by the assent of all participating judges.

Justices Hah-hova (Presiding Justice)