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(영문) 광주지방법원 2015.09.24 2015구합11615

어린이집 원장 지위확인 청구

Text

1. By March 13, 2016, the Plaintiff confirms that he/she is in the position as the president of C Child Care Center B located at the time of leisure.

2...

Reasons

1. Basic facts

A. On February 11, 201, the Plaintiff entered into an agreement on the consignment operation (hereinafter “instant consignment agreement”) with the head of the leisure market, and with the operation of the instant childcare center from March 14, 201 to March 13, 201, for the operation of the “C childcare center” (hereinafter “instant childcare center”), which is a city childcare center located in the leisure city B (hereinafter “instant childcare center”), and operated the instant childcare center from March 14, 201 after being appointed from the said market as the head of the instant childcare center.

The main contents of the instant consignment contract are as follows.

In order to operate the entrusted operation of a city childcare facility when there is an agreement on the entrustment of the Si C Child Care Center, the women market (hereinafter referred to as "A") and the plaintiff (hereinafter referred to as "B") who is the trustee of the Si C Child Care Center shall enter into an agreement on the entrusted operation as follows:

Article 1 (Purpose of Entrusted Operation) The purpose of this Convention is to prescribe matters necessary for the efficient operation and management of city childcare facilities pursuant to the provisions of Article 24 of the Infant Care Act, Article 24 of the Enforcement Rule of the same Act, and Article 14 of the Ordinance on Infant Care in the case of women and young children.

Article 4 (Operational Methods) B shall comply with relevant Acts and subordinate statutes, such as Social Welfare Services Act related to infant care, Act on the Budget Management of Subsidies, Guidelines for Infant Care Services, Infant Care Ordinance, etc., and shall be operated under the administrative supervision of A.

Article 6 (Conditions of Entrustment) (1) All matters pertaining to the operation of facilities shall become the responsibility and authority of Section B, and there shall be the right to appoint and transfer employees.

(2) A trustee shall report to A in advance the employment of infant care teachers and other employees.

(4) In providing infant care, Eul shall observe relevant Acts and subordinate statutes, infant care service guidance, or administrative instructions of Gap.

Article 7 (Budget and Settlement of Accounts) (1) B shall submit the project plan for the following year and the budget bill to A pursuant to the Financial Accounting Rules of Child Care Facilities by no later than 10 days prior to the commencement of each fiscal year, and the finalized budget shall be the relevant