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(영문) 서울중앙지방법원 2018.04.27 2017나12102

손해배상(기)

Text

1. Of the judgment of the court of first instance, the part against the defendant is revoked, and all the plaintiffs' claims corresponding to the revoked part are asserted.

Reasons

1. Basic facts

A. The Plaintiffs are all fixed-term teachers appointed pursuant to Article 32 of the Public Educational Officials Act. ① Plaintiffs A from August 20, 2008 to August 20, 2008, ② Plaintiffs B from September 2006 to August 2007, G middle schools which are public schools, from March 2008 to August 2009, from public schools to public schools, from among H from September 2009 to February 201, from among public schools, from March 201 to February 201 to from March 201 to February 200 to 209 to 30 from J High Schools to February 20, from 2007 to 30 from 20 to 20.9 to 200 to 20, and from 200 to 20.9 to 200 to 30.20 to 20 of public schools.

B. On July 13, 2006, the Minister of Education and Human Resources Development prepared the guidelines for the payment of the performance bonus of public educational officials belonging to the Defendant (hereinafter “each of the instant guidelines”) and the Defendant’s guidelines for the payment of performance bonus of public educational officials in 2006 [the period subject to the payment of the first performance bonus shall be from January 1, 2005 to December 31, 2005; the payment date shall be from December 31, 2005; the payment date shall be from January 1, 2006 to June 30, 206; and the payment date shall be from June 30, 2006 to June 30, 2006]; and the fixed-term teachers shall be excluded from the payment date of performance bonus.

(2) Around October 2007, the Minister of Education and Human Resources Development excluded fixed-term teachers from the subject of performance bonus payment when he/she reached the guidelines for the payment of performance bonus for public educational officials in 2007 (from January 1, 2006 to December 31, 2006, the base date for payment, December 31, 2006).

(3) On August 28, 2008, the Minister of Education, Science and Technology of the defendant issued guidelines for the payment of the performance bonus of public educational officials in the year 2008 from January 1, 2007 to December 31, 2007, and the payment date. < Amended by Presidential Decree No. 20440, Dec. 31, 2007>