beta
(영문) 대전지방법원 2020.09.03 2020가단102935

퇴직금 청구

Text

1. The Defendant’s KRW 31,470,423 as well as 5% per annum from September 15, 2019 to September 3, 2020 to the Plaintiff.

Reasons

Basic Facts

A. From March 2, 1995 to August 31, 2019, the Plaintiff served as a part-time lecturer in charge of English subjects, such as cultural English, university English, etc. at the Defendant-affiliated universities.

From January 1, 1995 to January 201, 2019, the subjects of study and the time limit for each week taken by the Plaintiff at B University, including the seasonal semesters, are as shown in the attached Table.

B. The provision on the payment of tuition fees to B University was amended on January 7, 2019, and the main contents are as follows:

Article 1 (Purpose) The purpose of this Article is to prescribe matters necessary for the payment of tuition fees for full-time teachers and part-time lecturers of B universities.

Article 6 (Calculation of Tuition Fees) (1) Instructor fees shall be calculated as follows:

3. Part-time lecturer fees shall be calculated by converting the total credits a part-time lecturer a week into one hour per credit.

Provided, That the practical skills of the art and fitness and the architectural design subjects shall be calculated by the number of hours.

Article 7 (Standards for Payment of Lecture Fees) The standards for the payment of tuition fees for each school year shall be determined by the president within budgetary limits.

The Addenda (Rules No. 986, January 7, 2019) shall enter into force on the date of its issuance.

Provided, That the amended provisions of Articles 6 (1) 3 and 9 shall apply from the year of 2019.

C. Around January 28, 2019, B University published a public notice of recruitment of part-time instructors of the first semester in 2019, and the “Treatment and Service Management” item in the notice states that “for full-time instructors, 8,700 won per credit, for full-time instructors, and 33,000 won per credit for non-full-time instructors (Provided, That the unit price for instructors shall be the unit price for the year 2018 and may be changed later).”

On March 1, 2019, the president of the Plaintiff and the president of the two universities drafted a contract for appointment of part-time instructors.

The main contents are as follows:

A: President of B University / B: Plaintiff A and Plaintiff B shall protect the term and part-time workers.