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(영문) 서울행정법원 2017.08.11 2016구합79274
계약해지 무효 확인 등
Text

1. Of the instant lawsuit, the part of the claim for cancellation of the disposition of restitution of unjust enrichment shall be dismissed.

2. The plaintiff's remaining claims.

Reasons

1. Basic facts

A. The Plaintiff is the operator of “BP School”, which is a vocational ability development training establishment.

From around 2009, Defendant Republic of Korea has operated a "employment-based success key project" (hereinafter referred to as the "instant project") to arrange employment by providing job seekers with job offer information by providing them with job offer counseling and education.

The project in this case is classified into Category I (the basic livelihood recipient, the next lowest income bracket, etc.) and Category II (the elderly and the second lowest income bracket, etc.) according to the business subject, and the defendant Republic of Korea directly operates the project, and the type II is entrusted to the private sector.

B. The contract was concluded between Defendant Republic of Korea (competent authorities, Daegu Regional Employment and Labor Office B & Korea) and the Plaintiff with respect to the instant type of business (hereinafter “instant agreement”) for several years, and the content of the instant agreement regarding the entrustment of affairs to the Private Sector (hereinafter “instant agreement”) entered into around 2016, as follows.

Article 2 (Period of Operation to Private Sector) (1) The period of operation of the project of this case to December 31, 2016 shall be from January 2, 2016 to December 31, 2016.

(2) The period of business referred to in paragraph (1) shall not apply where a defendant terminates his/her agreement during the year on the ground of the plaintiff's misconduct under Article 9.

Article 9 (Cancellation of Entrustment Agreements and Measures related thereto) (1) In cases where a plaintiff falls under any of the following subparagraphs in the course of performing entrusted duties, the defendant may terminate the agreement:

3. Where any ground for termination of an agreement under the guidelines for operation of employment success key points, such as cases where it is confirmed as a result of guidance and inspection that a subsidy has been paid in a false or other unjust manner, or where any ground for termination of an agreement under the business domain New York, matters not specified in this Agreement (Application Mutatis Mutandis) shall be dealt with in accordance with relevant Acts and subordinate statutes, guidelines for operation of employment success key points, work domains

In the instant agreement, employment success as applied mutatis mutandis.

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