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1.The judgment of the first instance shall be modified as follows:
Of the instant lawsuits, the part of the claim for nullification of dismissal is dismissed.
Reasons
1. Basic facts
A. The Defendant is a corporation established for the purpose of education, employment, medical treatment, and rehabilitation self-reliance of persons with disabilities in Gwangju Metropolitan City, and the C-gu workplace for protecting persons with disabilities is a facility installed as vocational rehabilitation facilities for persons with disabilities pursuant to the Gwangju Metropolitan City Ordinance on the Establishment and Operation of Vocational Rehabilitation Facilities for Persons with Disabilities in Gwangju Metropolitan City (hereinafter “instant facilities”).
B. On April 10, 2014, Gwangju Metropolitan City C-gu entered into an agreement with the Defendant to entrust the operation of the instant facilities (hereinafter “instant agreement”), and the main contents are as follows.
Article 2 (Period of Entrustment) The period of entrustment shall be from April 10, 2014 to April 9, 2019.
Article 3 (Scope of Entrustment) A truster (Seoul Metropolitan City C-gu) shall entrust the trustee (defendant) with the following matters for the efficient operation of the C-Gu workplace for the protection of persons with disabilities:
(3) In order to promote the welfare of disabled persons, the truster shall subsidize part of the expenses incurred in managing and operating the work site for protecting disabled persons provided for in Article 7 (Provision and Use of Subsidies) 3 and the expenses incurred in managing and operating the work site for protecting disabled persons provided for in Article 7 (Provision and Use of Subsidies) 3 and the expenses incurred in managing and operating the work site for protecting disabled persons provided for in Article 7 (Provision and Use of Subsidies) within budgetary limits, and the trustee shall bear
C. On May 1, 2004, the Plaintiff joined the Defendant and worked as the Secretary-General from May 18, 201 to April 27, 2015, and retired on April 30, 2015 after being appointed as the head of the instant facilities.
On April 28, 2015, the Plaintiff entered into an appointment contract with the Defendant (hereinafter “instant contract”) and worked as the head of the instant facility from May 1, 2015, and the main contents of the said contract are as follows.
Article 3 (Provision of Appointment) The plaintiff is as follows.