위탁운영약정해지결정무효 등
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.
The reasoning of the judgment of this court, which partially accepted the judgment of the court of first instance, is "1. Case Process" and "2. Whether the notice of termination of this case is legitimate;
A. The plaintiff's assertion is identical to the corresponding part of the reasoning of the judgment of the court of first instance (from 7th to 5th 7th ). Thus, it is accepted in accordance with Article 8 (2) of the Administrative Litigation Act and the main sentence of Article 420 of the Civil Procedure Act.
From January 1, 2002, the Ministry of Health and Welfare recommends the implementation of the retirement age system from January 1, 2002 to support the labor cost of the head of a facility and employees in the State or local government from January 1, 2002 to the State or local government; the 65 years of age for the head of a facility; the 60 years of age for the employees, and the 60 years of age for the labor cost for the employees who continue to work in excess of the subsidy shall be paid voluntarily by the facility; and social welfare facilities can set the retirement age for the head of a facility and employees in accordance with the labor contract, rules of employment, etc.
The Ministry of Health and Welfare, through the Child Care Business Guidance in 2016, suspended the provision of personnel expenses and the provision of self-payment to the facility in case of continuous work beyond the payment age by the age of 65.
On November 18, 2013, before entering into the instant agreement, the Defendant held a meeting of the Child Care Policy Committee, which is a matter of new commission examination of the instant child care center while attending the meeting of F, the director-general of the Plaintiff, E, the director-general of the instant child care center, and the director-general who is a public official belonging to the Defendant.
The following contents are stated in the minutes of the Child Care Policy Committee:
Examining the following matters, the public official belonging to the defendant is the director of a child-care center on the basis of the age of 65.