Contract for a temporary employment fee with which a person is employed to pay for the training fee;

If the principal of a middle school operated by the Seoul Special Metropolitan City, which is a local government, is appointed to pay the temporary employment trees from the membership fees of a fostering committee, which is composed of ex officio directors, not from the budget for remuneration, such trainee shall not be deemed to have worked in accordance with an employment contract with the Seoul Special Metropolitan City.

Article 17 of the Labor Standards Act

[Judgment of the court below]

Attorney Park Jong-chul, Counsel for the plaintiff-appellant

Seoul Civil District Court Decision 78Na397 delivered on July 13, 1979

The judgment of the court below is reversed, and the case is remanded to Seoul Civil Procedure District Court Panel Division.

As to the grounds of appeal Nos. 1 and 3

Since it is not possible for the head of a local government to employ employees without permission without permission by the head of a local government affiliated with the local government, if the principal of a middle school operated by Seoul Special Metropolitan City as a subsidiary of a school is organized not in the budget of the Si, but in the fostering fee which is composed of ex officio directors, the principal is paid as a key for the temporary employment, this is not in the qualification of the head of the agency affiliated with the Si, but in the qualification of ex officio director of the fostering Council, and the employee cannot be said to have worked in accordance with a labor contract with the Seoul Special Metropolitan City.

According to the original judgment and the records of this case, the court below recognized that the plaintiff was employed as a temporary employment tree by the principal of Sungsung Middle School in the management of the Seoul Special Metropolitan City, but the full amount of the remuneration was paid from the school fostering fees, so the plaintiff did not have worked under a labor contract with the defendant Seoul Special Metropolitan City as stated above, and therefore, it cannot claim retirement allowances under the Labor Standards Act against the defendant.

In relation to this point, the court below's finding that the plaintiff was appointed by the Seoul Special Metropolitan City, and accepting the plaintiff's claim for retirement allowance is illegal, and there is a ground to criticize this point.

Therefore, without examining the remaining grounds of appeal, the judgment of the court below is reversed, and the case is remanded to the court below for further proceedings consistent with this Opinion. It is so decided as per Disposition by the assent of all participating Justices.

Justices Yang Byung-ho (Presiding Justice)