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(영문) 광주지방법원 2018.09.20 2018가합116

해고징계처분무효확인

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The parties 1) The Defendant is an entrusted educational facility that the Gwangju Metropolitan City Office of Education entrusts the Defendant with the establishment of the Seoul Metropolitan City Office of Education. (2) On February 26, 2010, the Plaintiff entered into an employment contract (Evidence A No. 4) with the head of the Cschool.

However, the other party who entered into an employment contract with the Plaintiff is merely a public institution and the other party is the defendant who operates the C School.

The labor contract was concluded with the government, and it began to work as the head of the administrative office of C School from March 1, 2010.

B. The Plaintiff received interim accounts of retirement allowances three times as follows. The Plaintiff received interim accounts of retirement allowances from the Defendant three times as follows.

In the process, the plaintiff directly handled the interim settlement of retirement pay for himself as the head of the administrative office of C School.

The settlement amount of 500,000,000 A2-3 from October 31, 201 to October 31, 2012, 201, 6,000,000 A 2-12 from March 27, 2010 to December 27, 2014 during the period of application for the settlement of accounts (won) 1: 4,500,000,000 A2-23 from October 27, 2010 to October 28, 2015, 4,5,000,000,000 A3 from October 27, 2010 to October 28, 2015

C. On December 05, 2017, the Defendant established a defined benefit plan for the Defendant’s dismissal of the Plaintiff, so that Cschool staff cannot receive interim payment of retirement allowances. However, even if the Plaintiff received interim payment of retirement allowances from the Defendant three times in the process of receiving interim payment of retirement allowances for himself/herself, o C school staff directly engaged in the interim payment of retirement allowances in the process of receiving interim payment of retirement allowances, the period of continuous employment for the calculation of retirement allowances should be newly calculated from the time of interim payment of retirement allowances. - Upon receiving interim payment of retirement allowances on March 27, 2014 and April 27, 2015, the Plaintiff applied for interim payment of retirement allowances from the time of interim payment of retirement allowances.