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(영문) 부산고등법원 2019.09.25 2019누21641

처분요구 무효확인

Text

1. The collection scheme of KRW 47,812,760 according to the definition of an unfair salary grade, among judgment on the primary claim of the court of first instance.

Reasons

1. Details of the disposition;

A. On July 1, 2003, the Plaintiff was employed as Grade 10 official in technical service at B High Schools operated by the school foundation C (hereinafter “instant school”) and served as an employee of the administrative office of the instant school until now.

B. From July 10, 2017 to July 21, 2017, the Minister of Education conducted a comprehensive audit on various levels of schools, etc. under the jurisdiction of the Defendant, including the Defendant and the instant school. On February 7, 2018, the Minister of Education: “School Foundation C newly employed the Plaintiff as a technical class 10 employee of the instant school; on July 1, 2003, which cannot be recognized as a similar career, recognized the Plaintiff as a four-year and five-year period of work experience in private enterprises, which constitute an amount of 80% of the total work experience in the private enterprises, and defined the Plaintiff’s beginning salary grade as class 8 with technical class 10th class; after which the Plaintiff was not held on September 1, 2012, the Minister of Education demanded the Plaintiff to receive the Plaintiff’s excessive salary grade from 80% to 10th class, and notified the Plaintiff to 206th 7th 207th 201.”

C. On February 26, 2018, the Defendant requested the head of the instant school on February 26, 2018 upon the notice of audit results as above by the Minister of Education and the request for disposition stating that “the Plaintiff shall reprimand the Plaintiff in accordance with the school juristic person’s own regulations, prepare a plan to recover 47,812,760 won excessive remuneration paid to the Plaintiff, and settle the financial defective subsidy of the instant school.”