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(영문) 전주지방법원 2017.07.05 2016가단24194

임금

Text

1. The Defendant shall pay to the Plaintiff KRW 61,308,630 and the interest rate of KRW 15% per annum from July 6, 2017 to the day of complete payment.

Reasons

1. Facts of recognition;

A. The Defendant established and operated a pre-sale university (hereinafter “university”). On March 16, 1992, the Plaintiff was appointed as a full-time teacher to the University.

B. On April 15, 2015, the Plaintiff temporarily laid off due to Article 14 subparagraph 1 of the Regulations on the Personnel Management of Faculty Members of the University, setting the period of temporary retirement by the end of February 2016.

C. On February 12, 2016, the Plaintiff reported the reinstatement to the Defendant along with a medical certificate stating that “The symptoms related to the infertility and the WIG disability are associated with the present maintenance and preventive treatment.”

On February 18, 2016, the Defendant issued a notice to the Plaintiff stating that “The Plaintiff was completely cured of the Plaintiff’s disease, and submitted a certificate, research data, and research report that received external training to improve the teaching law, by February 23, 2016, and submitted a 50-minute public lecture to deliberate whether the Plaintiff’s teaching law problem has been resolved in order to guarantee the right to teach,” and that “the preparation for a 50-minute public lecture shall be made.”

E. On February 22, 2016, the Plaintiff notified the Defendant that “the Plaintiff already submitted a report of reinstatement and a written diagnosis of reinstatement upon the expiration of the period of temporary retirement.”

F. On March 10, 2016, the Defendant notified the Plaintiff of the content that “written opinion, certificate, research data, and research report will be submitted, and the public lecture will be prepared.”

G. Of the teachers’ personnel management regulations of the instant university, the provisions pertaining to illness, leave of absence, and reinstatement are as follows.

Article 14 (Reasons for Temporary Retirement) Where a teacher wishes to take a leave of absence on any of the following grounds, a person who is authorized to appoint and dismiss the teacher may order him/her to take a leave of absence

Provided, That in the case of subparagraphs 1 through 4, the leave of absence shall be ordered.

Article 16 (Status of Teachers on Leave of Absence) (2) When the cause thereof is extinguished during the period of leave of absence, the person having appointment authority shall report it to the person having appointment authority within 30 days, and the person having appointment authority shall order the person to be reinstated without delay;