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(영문) 서울남부지방법원 2019.05.30 2018나59265

손해배상(기)

Text

1. Revocation of a judgment of the first instance;

2. The plaintiffs' primary claim and the conjunctive claim are all dismissed.

3...

Reasons

1. Facts of recognition;

A. The defendant related to the parties is a local government public corporation established on March 13, 1996 to manage and operate public facilities, such as parking facilities, sports facilities, etc. within the jurisdiction of the E-government under the entrustment of the Seoul Metropolitan Government E-government. The plaintiffs, the employees belonging to the defendant, who work for the defendant, have served as the director of Grade V in the technical position of the sports project team after promotion from September 18, 200 to October 1, 2013. The plaintiff B was employed on April 10, 200 and served as the head of Grade IV in the general service in the management planning office after promotion from April 10, 200 to October 1, 2013. The plaintiff C was employed on January 1, 2002.

B. The Defendant’s provision on personnel management and remuneration applies to the Defendant’s employees as follows (However, Article 27 was amended as follows based on “ December 31, 2015.” Article 28 was newly established on December 31, 2015.

Article 3 (Appointment Authority) The chief executive officer shall have the authority to appoint, suspend, dismiss, and take disciplinary action against his/her employees, as prescribed by this provision. The actual provisions of Article 5 (Definition of Terms)

2. The term "class" means a group of positions in which the categories, complexity and responsibility of duties are similar considerably;

5. The term “promotion” means the appointment to a higher class in incumbent positions;

6. The term "grades" means the adjustment of annual salary grades from the same class to the higher grade than the present grade;

7. The term "annual salary grade" means the standard for paying an annual salary among matters concerning remuneration determined separately;

c.Article 24 (Determination of Annual Salaries and Implementers) The determination of annual salary shall be carried out by the appointing authority in accordance with the relevant regulations;

Article 27 (Adjustment of Annual Salaries at Time of Promotion) (1) If an employee is promoted, the actual amount of the annual salary shall be adjusted to "rank" before the amendment.

Article 27 (Adjustment of Annual Salaries at Time of Promotion) (1) Any employee shall be promoted.