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(영문) 부산지방법원 2019.11.06 2019가단310036

부당이득금

Text

1. As to the Plaintiff KRW 39,556,465 and KRW 21,786,187 among them, the Defendant shall start January 1, 2017, and the remainder 17,70.

Reasons

1. Facts recognized;

A. On March 1981, 1981, the Plaintiff entered the medical center operated by the Defendant and worked as a class 4 nurse (director) position. The Defendant is a public medical institution established pursuant to the Act on the Establishment and Operation of Local Medical Centers, and is the Plaintiff’s employer.

B. The Plaintiff applied for the promotion of Class III and IV in the Defendant’s “Class III and IV promotion examination” (hereinafter “instant promotion examination”) implemented on January 12, 2015.

C. Around December 10, 2014, before the instant promotion examination, the Defendant publicly announced the promotion examination of the instant case, and the details of the public announcement are as follows.

Examination subjects are English and hospital management general.

A score of less than 40 for each subject shall be the fall, and a successful applicant shall be at least 60 points on the average.

The list of candidates for promotion shall be re-preparationd in the order of high priority points in the rate of 30% of the general examination score for hospital management and 70% of the total score for the relevant year.

The defendant's personnel regulations applied at the time are as follows:

Article 25 (Promotion Order) (1) Where it is intended to appoint staff members, they shall be in the order of precedence of the list of candidates for promotion of the relevant class, and it shall be within three times the number of persons to be promoted.

(2) The determination of the priority order of candidates for promotion shall be based on the evaluation of work performance, career rating, evaluation of education and training, reward, evaluation of qualifications, etc., but the procedures, methods and

Article 26-2 (Promotion Examinations) (1) A promotion examination may be conducted on a person subject to promotion to Grade IV, and the method of screening shall be based on the written examination and the rating points on the list of candidates for promotion.

(2) The promotion examination for Grade IV shall be conducted within three times the number of prospective candidates for promotion in accordance with the order of the list of candidates for promotion prepared by the personnel management regulations.

(3) Examination subjects shall consist of general hospital management and English, and (compact) shall be exempted from the English examination once only for those who have passed the examination for promotion for the preceding time.

(4) Successful examinees shall be 40 percent of each subject.