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

Basic Facts

On February 6, 2013, the Plaintiff entered into an entrustment contract with the Defendant for a child care center A (hereinafter “instant child care center”) located in Busan-gu, Busan-gu (hereinafter “instant child care center”) with the period of entrustment from March 28, 2013 to March 27, 2016, and operated the instant child care center as the principal from March 28, 2013.

The amendment of the relevant municipal ordinance provides that the period of entrusted operation of a childcare center shall be three years (Article 7) under the former 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 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. 11, 2013”), and the first entrustment period shall be five years from the contract date (Article 5). Article 2 of the Addenda of this Ordinance provides that “The entrusted facilities concluded before this Ordinance enters into force shall be deemed the first entrustment pursuant to this Ordinance; the remaining entrustment period shall be the date the period expires pursuant to the previous municipal ordinance; however, Article 2 of the Addenda of the Busan Metropolitan City Ordinance on Infant Care Assistance (the first entrustment period shall be 100 years prior to the expiration of the period).

Meanwhile, Article 18(2) of the Ordinance on the Support for Infant Care (hereinafter “instant retirement age provision”) provides that the retirement age of the director of the kindergarten within the period of entrustment shall be 60 years.

On December 24, 2015, the defendant, such as the defendant's notice on the expiration of the period of entrustment.