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(영문) 대법원 2018.05.15 2015다249079

임금

Text

The judgment below

The part against the defendant is reversed, and that part of the case is remanded to Busan District Court.

Reasons

The grounds of appeal are examined.

1. As to the ground of appeal No. 4, the lower court determined that the head of each school of this case was merely an affiliated agency of the Defendant, and that the Defendant, a local government which established and operates each school of this case, concluded an employment contract with the Plaintiffs, who are school accounting personnel

Examining the relevant legal principles and records, the lower court did not err by misapprehending the legal doctrine on the confirmation of parties to a labor contract, contrary to what is alleged in the grounds of appeal.

2. As to the third ground for appeal

A. The lower court determined that, based on its reasoning, the Plaintiffs’ wage system should be applied to the Plaintiffs, on the grounds as stated in its reasoning, on the grounds that the “Personnel Management Regulations (Plan) for the parents of various levels of schools” prepared by the Office of Education around 1997 set the criteria for the remuneration of the school accounting employees, such as the Plaintiffs, constitutes salary class 10 public officials in technical service, which are paid differently according to the number of years of service, and that a promotion is also made according to the same criteria as those of the public officials in technical service.

B. However, in light of the following circumstances revealed by the reasoning of the lower judgment and the record, it is difficult to accept the lower judgment as it is.

① Around 1997, the Office of Education under the Defendant-affiliatedd established the “Personnel Management Regulations for Personnel of the parents of various levels of schools” and enacted and implemented the Personnel Management Regulations in accordance with the said Regulations.

(2) The Personnel Management Regulations of this case provide that the remuneration of school accounting employees, such as the plaintiffs, shall be paid based on the 10th class salary of public officials in technical service as shown in attached Table 8 of the Public Officials Remuneration Regulations, and do not provide that the entire Public Officials Remuneration Regulations shall be applied.

Attached Table 8.