The judgment below is reversed and the case is remanded to Seoul High Court.

1. Case history

A. The Defendant establishes and operates a AA City Art Group (hereinafter “instant Art Group”) that is composed of AAA City Ethical Myun (hereinafter “instant Ethical Myun”) pursuant to the “AA City Art Group Establishment and Operation Ordinance” (hereinafter “instant Ordinance”).

B. Since December 1, 2004, the Plaintiffs were commissioned from the Defendant Mayor as an armed riot or a member.

The Plaintiffs entered into a two-year commissioning contract with the Defendant, and worked as non-permanent members in the instant teaching group, and were re-commissioned as a member through regular rating whenever the period expires. Ultimately, the period of commissioning was fixed from February 1, 2009 to January 31, 201, and the Defendant market did not re-commissioned the Plaintiffs on January 31, 201, when the period of commissioning expires.

(hereinafter “instant refusal to re-commission”). Before the instant refusal to re-commission, there was no written refusal to re-commission an existing member.

C. (1) On November 8, 2010, the Defendant held a steering committee of the instant art group and decided to the effect that “the existing members whose commission period expires in relation to the recruitment of members in 2011 shall not be re-commissioned, but shall be selected through a new class.” On November 23, 2010, the Defendant formulated a plan to recruit non-permanent members of the instant art group through a practical examination (or document examination) and interview screening.

(2) On December 30, 2010, the Defendant: (a) “Public Notice of Recruitment for AAA City Art Members (Emergency) of 201 (hereinafter “Public Notice”); and (b) on January 31, 201, the term of appointment expires as of January 31, 201, 59 existing non-permanent members of the instant Educational Group for which the term of appointment expires as of January 31, 201 (hereinafter “instant Public Notice”); and (c) “Public Notice for the appointment of members in 2011” is the instant public Notice.

(3) The notice of this case is given.