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(영문) 부산지방법원 2016.12.29 2016구합21788
위탁취소처분 취소 등
Text

1.(a)

The Defendant’s respective dispositions in [Attachment 1] Nos. 6, 11, 14, 23, 27, and 29 against the Plaintiff on March 14, 2016, as well as the respective dispositions against the Plaintiff.

Reasons

Basic Facts

On October 15, 2012, the Plaintiff entered into an entrustment contract with C Child Care Center (hereinafter “instant entrustment contract”) with the Defendant, which is a public child care center located in Busan (hereinafter “instant child care center”) from December 15, 2012 to December 14, 2015, and operated the instant child care center as the principal from December 15, 2012.

On July 3, 2015, the Defendant publicly announced that the instant child care center will be newly recruited from December 15, 2015 to December 14, 2020. The Plaintiff, along with E, filed a lawsuit seeking confirmation of invalidity under Article 18(2) of the former Ordinance on Child Care Support (this Court 2015Guhap23831), and in the case of confirmation of invalidity of the said Ordinance, this court decided on September 15, 2015 that the instant child care center, etc., notified by the Defendant, will be suspended until the adjudication is rendered.

On the other hand, on September 14, 2015, the Defendant notified the Plaintiff that the period of entrusted operation under the instant consignment contract expires on December 14, 2015, and the Plaintiff, along with E, filed a lawsuit with the Plaintiff seeking confirmation of the status of the head of the instant childcare center by November 2, 2015, pursuant to the former Busan Metropolitan City Ordinance on the Management and Operation of Public Child Care Centers (Ordinance No. 988, Jun. 11, 2013) and the former Ordinance on Infant Care Support (Ordinance No. 1010, Nov. 8, 2013) of B-gu Busan Metropolitan City Ordinance on Infant Care Support (Ordinance No. 1010, Nov. 8, 2013). As such, the period of entrusted operation under the instant consignment contract was extended from three to five years, the expiration date of the consignment period of the instant consignment contract.

(2) On March 24, 2016, this Court rendered a judgment dismissing all lawsuits by the plaintiff, etc. on March 24, 2016, and rendered a judgment citing the claims by the plaintiff, etc. in the above child care center principal confirmation case.

Cases to confirm the invalidity of the above Ordinance.

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