The judgment below

The part against the defendant is reversed, and that part of the case is remanded to Busan High Court.

The grounds of appeal are examined.

1. Review of the reasoning of the lower judgment and the record reveals the following facts.

On February 1, 2011, the Plaintiffs, who obtained permission for waste disposal business, entrusted the Plaintiffs with the collection and transportation of food wastes, street cleaning, and collection of recyclable products generated in Jinju-si, respectively, and concluded a contract on the said agency business with the Defendant (hereinafter “the instant first contract”).

B. On November 30, 201, the Plaintiffs entered into an amendment agreement (hereinafter “instant amendment agreement”) with the Defendant to amend the terms of the instant initial contract and the contract amount, and to add part of the agency fees incurred during the said period to the terms of the contract (hereinafter “instant adjustment clause”).

2. Whether the instant lawsuit is a party suit under public law (ground of appeal No. 1)

A. Article 104(3) of the Local Autonomy Act provides that “The head of a local government may entrust affairs not directly related to the rights and obligations of residents, such as investigations, inspections, examinations, and management, among affairs under his/her authority, to a corporation, organization, institution, or individual, as prescribed by municipal ordinances or municipal rules.”

Article 14(1) and (2) of the former Wastes Control Act (amended by Act No. 10389, Jul. 23, 2010) provides that “The Governor of a Special Self-Governing Province and the head of a Si/Gun/Gu may allow a person who has obtained permission for a waste disposal business to vicariously dispose of domestic wastes discharged from his/her jurisdiction, as prescribed by municipal ordinance

In addition, if the so-called "public contract" that a local government becomes a party to a private economy is a private contract concluded on an equal basis with the other party as the subject of the private economy, it is a private autonomy, except as otherwise provided in the statutes.