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(영문) 서울중앙지방법원 2020.09.18 2019나19787
손해배상
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

[Claim]

Reasons

1. Facts of recognition;

A. On February 7, 2014, between the D Center designated by the Minister of Health and Welfare as a regional self-support center that supports the self-support and self-reliance of low-income groups, the Seoul Special Metropolitan City C-gu entered into a contract to entrust self-support labor projects (hereinafter “instant entrustment contract”) in 2014, which provides low-income groups with an opportunity to work and create a self-support base in accordance with Articles 15 and 16 of the National Basic Living Security Act, and among the projects, the social service-based education projects that teach bicycle maintenance technology (hereinafter “instant vocational education”).

B. From October 6, 2014 to October 29, 2014, the Plaintiff registered the instant vocational training course conducted by the D Center as a trainee and participated in the bicycle maintenance education.

C. The statutes and the provisions of the instant consignment contract relating to the D Center are as follows.

Article 9 (Methods of Cost of Living Assistances) (5) A livelihood security agency may provide livelihood benefits on condition that a beneficiary with ability to work participate in a project necessary for self-support, as prescribed by Presidential Decree.

In such cases, the assistance agency shall present conditions in consideration of self-support assistance plans referred to in Article 28.

Article 15 (Self-Support Benefits) (1) Self-Support benefits shall be provided in the following subparagraphs to help the self-support of recipients of assistances:

1. Payment or lending of money and valuables necessary for self-support;

2. Support to the improvement of vocational ability and the acquisition of skills necessary for self-support;

3. Providing information for job placement, etc.;

4. Provision of employment opportunities for self-support;

5. Lease of facilities and equipment necessary for self-support;

6. Support for business start-ups, training for skills, and guidance for technology and management.

7. Support for the formation of assets necessary for self-support;

(2) Self-support benefits referred to in paragraph (1) may be provided by entrusting a related public institution, non-profit corporation, facility and other institution prescribed by Presidential Decree to such institution.

(e).

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