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(영문) 부산지방법원 2016.08.25 2016구합20372

어린이집 원장 지위확인

Text

1. By March 27, 2018, the Plaintiff is in the position of the head of the Busan Jin-gu Busan District Child Care Center.

Reasons

1. Basic facts

A. On March 28, 2013, the Plaintiff entered into an entrustment contract with the Defendant for a childcare center, which is a public childcare center located in Busan-gu, Busan-do (hereinafter “instant childcare center”), and operated the instant childcare center as the principal from March 28, 2013 to March 27, 2016 (hereinafter “instant contract”).

B. The amendment of the relevant municipal ordinance provides that the period of entrusted operation of a child care center shall be three years (Article 7) under the former Busan Metropolitan City Ordinance on the Management and Operation of Child Care Centers (Ordinance No. 816, Oct. 31, 2008). The above municipal ordinance shall be revised to the former Busan Metropolitan City Ordinance on the Management and Operation of Public Child Care Centers (Ordinance No. 988, Jun. 11, 2013; Ordinance No. 988, “Ordinance No. 988, Jun. 1, 2013”), and the first entrustment period shall be five years from the contract date (Article 5), while Article 2 of the Addenda provides that the entrusted facility that was concluded before this Ordinance enters into force shall be deemed to be the first entrustment pursuant to the previous municipal ordinance, and the remaining entrustment period shall be until the expiration date pursuant to the previous municipal ordinance, the first entrustment period shall be deemed to be the period of entrustment (Article 100, Jan. 10, 2013; hereinafter “the first entrustment Ordinance”).

C. Meanwhile, Article 18(2) of the Defendant Infant Care Support Ordinance (hereinafter “instant retirement age provision”) provides that the retirement age of the president within the period of entrustment shall be set at 60 years.

The defendant's notice of expiration of the period of entrustment.