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(영문) 대전지방법원 2019.07.18 2018가단219021

명예퇴직금등 청구의 소

Text

1. The Defendant shall pay 8,652,850 won to the Plaintiff and 20% per annum from July 15, 2017 to the day of complete payment.

Reasons

1. Facts of recognition;

A. The defendant is a school foundation that operates the Daejeon-gu Daejeon University.

On March 1, 1988, the Plaintiff (D students) joined the Defendant’s private teaching institute as a temporary assistant, and voluntarily retired on June 30, 2017 from the position of general service at C University.

B. Article 45 of the Defendant’s articles of incorporation, pursuant to Article 53-2(3) of the Private School Act, provides that “The remuneration of teachers shall be determined separately by the Rules, subject to the resolution of the board of directors, depending on the qualifications, career, difficulty of duties and the degree of responsibility.” Article 2 of the Regulations on Remuneration of Teachers and Staff, which was amended and implemented as of September 30, 2009 through the resolution of the Defendant’s board of directors, may apply mutatis mutandis to the remuneration of teachers and staff, and Article 2 of the Regulations on Remuneration of Teachers and Staff, except as otherwise provided for in this Regulations, may apply mutatis mutandis to the remuneration of teachers and staff of universities and colleges. In implementing the annual salary system, detailed matters concerning its operation shall be determined separately by the president. In addition, the Defendant enacted the Regulations on Remuneration of Teachers and Staff and the Regulations on Remuneration of Public Officials from March 3, 2010 to the following annual salary system (hereinafter referred to as “the Rules on Remuneration of 105”).

Article 2 (Scope of Application) This provision shall apply to the annual salary system for the faculty members subject to the salary grade system and contract-based annual salary system.

Article 3 (Definition of Terms) (1) The term "annual salary system" means a system of annual salary paid annually according to an individual's achievements and achievements.

(2) The term "annual salary" means the total annual remuneration, excluding other allowances.