beta
(영문) 서울남부지방법원 2015.05.01 2014가합110595 (1)

사립학교교직원 재직기간 확인 청구

Text

1. All of the plaintiffs' claims are dismissed.

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

Reasons

1. Basic facts

A. On March 200, Plaintiff A performed the duty of administrative assistance as a teaching assistant of a school foundation CA (hereinafter “D University”) (hereinafter “D University”), and thereafter, from March 2002 to May 5, 2013 at D University Administrative Graduate Schools (hereinafter “D University”).

B. On March 2002, Plaintiff B performed the administrative assistance work as D University Administrative Assistants, and thereafter, from March 2007, Plaintiff B served as a clerical staff at D University Welfare Center.

C. On May 12, 2014, D University applied to the Defendant for the revocation of the Plaintiff’s retirement from office as of February 29, 2004 and February 28, 2007 against Plaintiff B, among changes in the status pertaining to private school pensions.

On July 3, 2014, the Defendant rejected the said application to the effect that “the Plaintiffs are not subject to the Private School Pension Act”.

E. Accordingly, the Plaintiffs filed a request to review the above return disposition with the Review Committee on the Pension Benefits for Private School Teachers and Staff.

On August 28, 2014, the committee dismissed the plaintiffs' request for examination on the same ground.

[Ground of recognition] Facts without dispute, entry of Gap 1 through 5 evidence (including each number, if any; hereinafter the same shall apply) and the purport of the whole pleadings

2. Determination as to the plaintiffs' claims

A. 1) The plaintiffs primarily worked as a temporary employee at the D University, and the plaintiffs were employed as an employee under the Private School Pension Act from March 1, 2004 to May 5, 2013 in the case of plaintiffs A and from March 1, 2007 to May 5, 2013, respectively. 2) Preliminaryly, the plaintiffs were employed as an employee under the Fixed-Term and Part-Time Workers Protection Act from September 1, 2009 to May 1, 2013 under the Fixed-Term and Part-Time Workers Protection Act (hereinafter " Fixed-Term Act"). The plaintiffs were employed as an employee under the Private School Pension Act from September 1, 2009 to May 5, 2013.

B. In full view of the purport of the entire pleadings, the following facts can be acknowledged in each statement of evidence Nos. 1, 2, 7, and 10.