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(영문) 수원지방법원 2020.05.08 2019가단563984
임금
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Center B (hereinafter “the Center”) is a welfare facility for the disabled (community rehabilitation facilities for the disabled) under Article 58(1)2 of the Act on Welfare of Persons with Disabilities; and C, an incorporated association of a person other than the State and a local government, reports to the competent authority pursuant to Article 59(2) of the Act on Welfare of Persons with Disabilities

B. An incorporated association C has been appointed the head of the instant center as the following procedures:

In other words, the president of the C, an incorporated association, shall appoint the president of the C, the branch of the C, the head of the instant center as the head of the Center, and shall report the fact in accordance with Article 59 (2) of the Act on Welfare of Persons with Disabilities.

In accordance with such report, if the return is received, it shall be accepted if the requirements are met after examining it pursuant to Article 3 of the Act on Welfare of Persons with Disabilities and Article 42 of the Enforcement Rule of the Act on Welfare of Persons with Disabilities.

C. On February 14, 2014, the Plaintiff was appointed from the Chairperson of the Incorporated Association C as the branch president of the Kam-si Branch Co., Ltd.

Accordingly, on February 2, 2015, the Plaintiff reported the change of the head of the instant center in accordance with Article 59(2) of the Act on Welfare of Persons with Disabilities.

On February 5, 2015, on the grounds that the Plaintiff does not meet the requirements of Article 42 [Attachment 5] of the Enforcement Rule of the Act on Welfare of Persons with Disabilities pursuant to the delegation of Article 59(6) of the Act on Welfare of Persons with Disabilities.

Since then, on June 25, 2015, the center changed the personnel regulations on the vicarious performance of duties of the head of the center of this case to the Yongsan-si under Article 59(2) of the Welfare of Disabled Persons Act. The center of this case changed the contents of the personnel regulations on vicarious performance of duties of the head of the center of this case to the extent that it can be performed by the head of the branch of the incorporated association, and on June 30, 201

E. On September 17, 2015, the Plaintiff was appointed as an agent for the head of the instant center in accordance with the personnel regulations of the instant center changed as above, and thereafter on January 31, 2018.

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