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(영문) 대구지방법원안동지원 2017.11.16 2017가합3229
근로자지위 확인의 소
Text

1. A labor contract that has no fixed period between the Plaintiff and the Defendant regarding the city childcare center D in C.

Reasons

1. Facts of recognition;

A. Article 10 of the Infant Care Act provides for the type of child care centers and provides for the term “national or public child care centers: Child care centers established and operated by the State or local governments.” The E Si establishes ordinances and its Enforcement Rules on the establishment and operation of E-si childcare facilities, and accordingly establishes and operates a city childcare center of six fixed numbers (one director, three infant care teachers, one cook, one driver, and one driver) within its jurisdiction (hereinafter “instant child care centers”).

(b) Article 5 (Entrusted Operation) (1) of the above Ordinance may entrust the operation of nursery facilities to a non-profit corporation, organization, or individual;

(2) The period of entrustment shall be three years.

(3) In cases of entrusting operation, duties of a trustee, revocation of entrustment and other necessary matters shall be determined by an agreement between a truster and a trustee.

The “Director” entrusted by E City and operated the instant childcare center as the “Director,” concluded a labor contract on January 4, 2016 with the content that the Plaintiff was employed as the cooking book of the instant childcare center (hereinafter “prior employment contract”); and the term of the contract was “from January 4, 2016 to the time of retirement.”

C. Around January 23, 2017, the E market announced that six entrusted operators of the Si/Gu childcare centers operated by E Si including the instant childcare centers are recruited, including the instant childcare centers.

hereinafter referred to as "public notice of solicitation of this case"

3. Period of entrustment: Three years from the date of entrustment (from March 1, 2017 to February 29, 2020).

7. An entrusted operator of the terms and conditions of entrusted operation shall comply with all the regulations and directions of E in the Infant Care Act, guidance on infant care services in 2016, and an entrustment agreement on infant care centers in Eth City.

b.12. Comply with the good faith agreement, and in particular, infant care teachers and employees provided for in paragraph 3 of Article VII must succeed to employment.

The E Mayor shall be around February 23, 2017.

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