(영문) 광주지방법원 2017.09.29 2016가합55532

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(영문) 광주지방법원 2017.09.29 2016가합55532

해고무효확인

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1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Basic facts

A. The C-gu workplace for protecting persons with disabilities (hereinafter “instant establishment”) is a workplace for protecting persons with disabilities established by Gwangju Metropolitan City C-gu as a social welfare facility pursuant to the Gwangju Metropolitan City Ordinance on the Establishment and Operation of Vocational Rehabilitation Facilities for Persons with Disabilities pursuant to Article 58(1) of the Act on Welfare of Persons with Disabilities. The Defendant is a corporation established for the purpose of the education, employment, medical treatment, and rehabilitation self-reliance of persons with disabilities within the jurisdiction of Gwangju Metropolitan City, and the investigation into the actual conditions of persons with disabilities and promotion

Article 2 (Period of Entrustment) The period of entrustment shall be from April 10, 2014 to April 9, 2019.

Article 3 (Scope of Entrustment) For the efficient operation of the facilities of this case, a truster (Seoul Metropolitan City C) shall entrust the following matters to the trustee:

(2) The truster shall comply with the following matters to promote welfare for disabled persons:

(1) In order to achieve the objectives of entrusted business, the disabled persons shall prepare necessary programs so that they may overcome their disabilities and independently work, and shall faithfully implement such programs to promote the welfare of the disabled persons comprehensively.

(2) Where a trustee intends to newly build or expand facilities, or to alter or reinforce internal facilities, he/she shall obtain prior approval from the truster and contribute such facilities simultaneously with the completion of construction.

(3) Where equipment, supplies, etc. necessary for the operation of the facility of this case are purchased with the fund transferred from the corporation, the trustee shall revert to the truster simultaneously with purchase

Article 5 (Management and Utilization of Property) (1) A trustee shall have a third party establish the right to the property of this case.

참조조문

-장애인복지법 제58조 제1항

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