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(영문) 광주지방법원 2019.07.19 2018가합54625

근로에관한 소송

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1. All of the plaintiffs' claims are dismissed.

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

Reasons

1. Basic facts

A. The status of the parties 1) Plaintiff A and B are each E Co., Ltd. (hereinafter “E”).

The Plaintiff C and D are employees of each F, and E are corporations established on October 23, 2012 and certified as social enterprises in 2015, and F are children’s welfare facilities established on July 9, 2012 and reported to the competent authorities pursuant to Article 50(2) of the Child Welfare Act (hereinafter “the instant users”).

(2) Under the Local Autonomy Act, the Defendant is a local government in charge of the autonomous affairs under its jurisdiction and the affairs prescribed by laws and regulations, and establishes and operates G elementary schools, H elementary schools, and I elementary schools (hereinafter referred to as “each of the instant schools”) located in Gwangju Metropolitan City, as a local government in charge of the affairs concerning education and arts pursuant to Articles 2 and 18 of the Local Education Autonomy Act.

B. The Defendant operating the Defendant’s after-school care class from around 2006 operated the first school care class to support after-school activities conducted by the Ministry of Education (hereinafter “after-school care class”). Around January 2015 and around January 2016, the Defendant established the “Operation Plan for the Early School Care Class” in the 2015 and “Operation Plan for the Early School Care Class” in the 2016 after-school care class and delivered it to each public elementary school within the jurisdiction.

C. According to the Defendant’s operation plan of the after-school care class as above, the instant users entered into an agreement on the entrusted operation of the after-school care class (hereinafter “each of the instant entrustment agreements”) with each of the relevant schools indicated in the following table “schools” (hereinafter “each of the instant entrustment agreements”).

Schools E, the scale of the contract term of the name of the place of business, the contract date of which is the date of the contract, and February 26, 2015 also February 26, 2015, and February 29, 2016, the 2016th anniversary of the H elementary school of February 29, 2016 ( March 9, 2016) from March 14, 2016 to February 3, 2017.