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(영문) 부산지방법원 2016.03.24 2015구합23831

조례무효확인 등

Text

1. All of the instant lawsuits are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. On October 15, 2012, Plaintiff A entered into an entrustment contract for childcare centers (hereinafter “each of the instant childcare centers”) with Defendant, which are public childcare centers located in Busan-gu, Busan-gu, and Plaintiff B entered into an entrustment contract for childcare centers (hereinafter “each of the instant childcare centers”) between Defendant and Defendant on the same day with respect to each of the instant childcare centers located in Busan-gu E-gu, Busan-gu (hereinafter “each of the instant childcare centers collectively referred to as “each of the instant childcare centers”). From December 15, 2012 to December 14, 2015, Plaintiff A operated each of the instant childcare centers from December 15, 2012.

B. The defendant extended the period of entrustment to the Busan Metropolitan City Busan Metropolitan City Ordinance on the Management and Operation of Child Care Centers (Ordinance No. 816, Oct. 31, 2008); however, the above Ordinance was amended to the Busan Metropolitan City Ordinance on the Management and Operation of Public Child Care Centers (Ordinance No. 988, Jun. 11, 2013) and revised to the former Ordinance on the Management and Operation of Child Care Centers (Ordinance No. 988, Jun. 11, 2013) so that the initial period of entrustment can be five years from the date of the first entrustment contract (Article 5). Article 2 of the Addenda provides that "The entrusted facilities concluded before this Ordinance enters into force shall be deemed the first entrustment pursuant to this Ordinance, and the remaining period of entrustment shall be the date the period expires pursuant to the previous Ordinance, and again, the entrustment contract shall be deemed to be the first entrustment contract (Article 1010, Nov. 8, 2013).

C. The revision of the retirement age provision, while Article 18(2) of the Defendant Infant Care Support Ordinance (hereinafter “instant retirement age provision”) sets the retirement age of the president within the period of entrustment at the age of 60.

On July 3, 2015, the defendant, such as the defendant's notice on the expiration of the period of entrustment, is each of the instant cases.