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(영문) 서울고등법원 2020.09.10 2019나2042793

기타(금전)

Text

1. Revocation of the first instance judgment.

2. All of the plaintiff's claims are dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The defendant is a school juristic person with the aim of early childhood education, elementary, secondary and higher education, and D elementary, secondary and high schools are private schools established by the defendant.

The plaintiff is a person who served as the chairperson of the defendant from February 25, 2008 to February 24, 2012.

B. From July 1, 2005 to February 1, 2011, the Defendant paid 219,020,850 won in total during the above period to C, who worked as the head of the administrative office of D elementary school contract, and paid 32,50,220 won in total during the above period to six persons, including E, who worked as the driver of the Defendant president from July 1, 2008 to May 31, 201.

C. On February 2, 2011 through April 2, 2011, Seoul Office of Education conducted a special audit of Defendant corporations and D Elementary, Middle, and High Schools, notified the results of the special audit of 32 items, and requested the disposition accordingly.

Among them, with regard to the improper performance of the duties of the head of the administrative office who hires contractual workers, "the duties of the head of the office," "the employment and service management of corporations, and teachers and staff," the following [the table] was pointed out, and the implementation

After July 1, 2005, when an integrated operation of the office of the head of the administration office who is responsible for employing contractual office workers under the disposition (request) of the matters pointed out was made, the office of the administrative office has been employed on July 1, 2005 as the head of the administrative office on which the F and two other persons were appointed as the head of the administrative office. However, on June 30, 2005, the office of the administrative office has been employed as the contractual office on June 1, 2005, and until now the date the office of the administrative office has been performed on behalf of the head of the administrative office. The remuneration 219,020,850, paid 219,020,850, which was improperly paid from the accounts of the D Elementary School to the elementary school accounts, and paid 219,020,000,000 won to the employees for the purpose of the personal vehicle driving business of the president of the corporation, who is inappropriate for reporting and employment management by attaching relevant evidentiary documents.