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(영문) 전주지방법원군산지원 2015.11.19 2015가합11078

손해배상(기)

Text

1. The Defendant’s KRW 14,200,000 as well as the Plaintiff’s annual rate of KRW 5% from June 16, 2015 to November 19, 2015 and the next day.

Reasons

1. Facts of recognition;

A. The defendant establishes and operates the C College, and the plaintiff was enrolled in C College on August 1, 2001 and served as Grade IV (or Grade IV) in office from January 1, 2008 to the present day.

B. In the instant case for remedying discrimination against the Defendant (hereinafter “previous case”), the lower court rendered a judgment on July 3, 2014 that “the Defendant shall pay the Plaintiff KRW 19,90,000 to the Plaintiff and include the Plaintiff in a position that requires qualification of Grade IV or higher as prescribed in the Defendant’s articles of incorporation,” which became final and conclusive on July 24, 2014.

C. According to the Articles of Incorporation of the Defendant, the number of the office positions of the C college is one person, and the office positions of the C college that must be considered as class 3 or 4 is assigned to the position of the office positions of the C college. There are the Minister for Educational Support and the Minister for Management. Of the current C college employees, the office positions of the C college are not only the Plaintiff.

C. As the bachelor’s Support Director of the C College, D (Assistant) worked on July 19, 2013, and E (Grade V) was recommended to appoint on May 27, 2014 and worked on June 20, 2014.

After that, E withdraws from office on September 2015, the defendant recommended that D, which was the former bachelor's degree support officer, be appointed as a job agent on September 9, 2015, and D, from that time to that time, has served as a vicarious performance of the duties of the bachelor's degree support officer.

However, the defendant did not include the plaintiff in the class of staff who can be seen as the school affairs support officer in the process of appointing D as an agent for the school affairs support officer, as above, in the subject of examination of the acting director.

E. From July 29, 2013, the Plaintiff was in charge of civil affairs in the school affairs management office, and has been working until now.

[Ground of recognition] Facts without dispute, Gap 1, 9 evidence, Eul 1 to 3, 6, 12 evidence, the purport of the whole pleadings

2. Claim for grant of a position and claim for consolation money on the ground of violation;

A. The plaintiff.