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(영문) 서울고등법원 2019.01.10 2018나2010263
손해배상(기)
Text

1. Of the judgment of the court of first instance, the part of the judgment against the Defendants exceeding the money ordered to be paid below is revoked.

Reasons

1. Basic facts

A. Status 1) Defendant Gangnam-gu is the F Youth Training Center located in Gangnam-gu Seoul Metropolitan Government (hereinafter “instant Training Center”).

The Gangnam-gu Seoul Metropolitan Government Ordinance on the Establishment and Operation of Juvenile Facilities (hereinafter “instant Ordinance”) enacted pursuant to Article 18 of the Framework Act on Juveniles, Article 11 of the Juvenile Activity Promotion Act, Article 20 of the Juvenile Welfare Support Act, Article 104 of the Local Autonomy Act.

(2) The Gangnam-gu Seoul Metropolitan Government Ordinance on Entrustment of Administrative Affairs to the Private Sector shall apply mutatis mutandis to matters not prescribed by this Ordinance, and the budget and accounting rules of social welfare corporations and social welfare facilities shall apply mutatis mutandis to matters necessary for budget and accounting, as follows: Article 8 (Entrustment of Operation) of the Gangnam-gu Seoul Metropolitan Government Ordinance on the Establishment and Operation of Juvenile Facilities. ① The head of the Gu may entrust the operation of juvenile facilities to juvenile organizations, etc.

(3) Where juvenile facilities are entrusted and operated to juvenile organizations, etc. pursuant to paragraph (1), the following affairs of the head of the Gu shall be deemed entrusted to the entrusted agency pursuant to this Ordinance:

1. Matters concerning the use of facilities under Article 6;

2. Collection, reduction and exemption, refund, etc. of user fees publicly notified by the head of the Gu in the Gu newsletter pursuant to Article 7.

In such cases, the period of re-entrustment shall not exceed three years.

Article 13 (Operational Rules) (1) The head of the Gu may establish standards for the organization, personnel affairs, remuneration, property and commodity management, safety management, safety management, procedures, standards for handling affairs, guidance, supervision, etc. for each facility and may instruct the entrusted agency

(2) An entrusted institution shall prepare and keep operating rules in compliance with the guidelines instructed pursuant to paragraph (1).

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