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(영문) 서울중앙지방법원 2020.01.15 2019나23410 (1)

부당이득금

Text

1. The part of the judgment of the court of first instance against the plaintiff corresponding to the amount ordered to be paid below shall be revoked.

The defendant.

Reasons

1. Basic facts

A. As a local government, the Plaintiff has the Seoul Metropolitan Office of Education under its jurisdiction for the affairs concerning education and art and education, and the Seoul Metropolitan Office of Education is a subordinate organization for policy research, etc. for the purpose of supporting education and informatization of one-way schools.

(hereinafter referred to as the “Seoul Metropolitan Office of Education” or the “Seoul Metropolitan Office of Education Education Information Institute” and the Plaintiff, the subject of which is the legal effect of the act conducted by these organizations, collectively, refers to the Plaintiff.

원고는 장애인 등에 대한 특수교육법 제3조, 제5조, 제15조, 초ㆍ중등교육법 제28조 등을 근거로, 장기입원 또는 장기치료로 인해 학습이 지체되거나 유급 위기에 놓여있는 건강장애ㆍ요보호학생(이하 ‘건강장애학생’이라 한다)에게 인터넷을 통한 실시간 양방향 화상강의를 제공함으로써 학습권을 보장하고 동료 학생 및 화상강의 교사와의 교류를 통해 정서적 안정을 도모하며 궁극적으로 학교 복귀를 지원하기 위해, 2006. 12. 11.부터 ‘꿀맛무지개학교’(이하 ‘이 사건 학교’라 한다)라는 명칭으로 화상강의 교육프로그램을 운영하였다.

C. Since the Defendant was selected as a teacher in charge of B subjects of the instant school around February 201, the Defendant newly prepared an employment contract with the Plaintiff each year, and served as a teacher in charge of video lectures of the instant school from March 2, 2011 to December 26, 2017.

On February 2, 2018, the Defendant filed a petition against the Seoul Regional Employment and Labor Office of Seoul, and against the head of the Seoul District Education Information Institute of Seoul’s Office of Education under the Plaintiff’s control to the effect that “the Defendant did not pay a retirement allowance despite being an employee.” Since the Defendant did not file a criminal charge against the head of the Educational Information Institute on account of the lack of punishment, the Defendant did not file a criminal charge against the head of