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(영문) 서울중앙지방법원 2017.08.11 2013가합94034

손해배상(기)

Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. The Plaintiffs are fixed-term teachers appointed pursuant to Article 32 of the Public Educational Officials Act or Article 54-4 of the Private School Act.

The details of plaintiffs' work are as shown in attached Table 2.

B. The Minister of Education, Science and Technology prepared guidelines for the payment of the performance bonus of public educational officials (hereinafter “instant guidelines”) and issued them to affiliated agencies, etc. as follows.

1) On February 2010, the Minister of Education, Science and Technology issued the Defendant’s guidelines for the payment of performance-based bonuses to public educational officials in 2010 (from January 1, 2009 to December 31, 2009, the base date for payment, December 31, 2009) and excluded fixed-term teachers from the payment of performance-based bonuses. 2) The Defendant’s Minister of Education, Science and Technology excluded the fixed-term teachers from the payment of performance-based bonuses to public educational officials in 2011 (from January 1, 2010 to December 31, 201, the base date for payment).

3) Around February 2012, the Minister of Education, Science and Technology of the Defendant included the Defendant’s guidelines for the payment of performance-based bonuses to public educational officials in 2012 (from January 1, 2011 to December 31, 2011) and excluded fixed-term teachers from the payment of performance-based bonuses. Meanwhile, the 2012 guidelines stipulate that in the case of public and private school teachers on the unit of performance-based bonuses, personal performance-based and school performance-based pay, and in the case of national and educational professionals, personal performance-based pay, and in the case of private school teachers, the said guidelines include “in the case of public and private school teachers, guidance and supervision to ensure that the performance evaluation of individual and school performance-based pay is made thoroughly in accordance with public educational officials.” [Grounds for recognition] There is no dispute over the fact that “A” includes each number of items, the purport of the entire pleadings and arguments.

2. According to Article 7-2 of the Regulations on the Allowances, etc. of Public Officials, the Plaintiffs’ alleged temporary teachers are naturally engaged in performance bonuses.