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(영문) 서울중앙지방법원 2014.07.03 2013가단201675
부당이득금반환
Text

1. The Defendant’s KRW 55,337,560 for the Plaintiff and 5% per annum from June 19, 2013 to July 3, 2014.

Reasons

1. Basic facts

A. The Plaintiff is a school foundation that operates C University.

The Defendant served as a professor or associate professor in the building department of C University until March 15, 2013, and was charged with the Defendant on June 29, 2012 on the ground that in relation to the extension works, such as gymnasiums, which was enforced by C University, he/she acquired property or property benefits from the construction company in exchange for an illegal solicitation in connection with his/her duties, and was subject to disciplinary action against the Plaintiff on March 15, 2013.

B. Of the remuneration regulations that stipulate matters concerning the remuneration of teachers and staff of the C University (hereinafter “instant remuneration regulations”), relevant to the instant case are as follows.

Article 3 (Definitions of Terms)

1. the term “repair” means the aggregated amount of salary and various other allowances;

2. The term “wages” means basic salaries paid by position, or basic salaries paid by position, tenure of office, class and salary class, based on the degree of difficulty and responsibility of duties;

3. The term "Allowance" means an additional allowance paid according to working conditions, living conditions, etc.;

Where a person absent from office under Article 18 (Reduction of Salary for Absence Period) is absent from office and the number of days of absence exceeds the number of annual leave days of the relevant employee, the amount shall be reduced by 2/3 of the daily salary per day of each excess number of days of absence.

Article 24 (Allowance Allowance) Payment shall be made in accordance with Article 7 of the Regulations on Allowances, etc. for Public Officials.

Article 38 (Regular Holiday Allowance) (1) A separate holiday allowance shall be paid to school personnel within budgetary limits.

C. The Defendant did not work at C University after January 201 due to the following circumstances: (a) the Defendant was investigated on suspicion of breach of trust; and (b) the Defendant did not work at C University on and after January 201.

Nevertheless, the employee in charge of accounting under the direction of the president of the Cuniversity under the plaintiff's control is pointed out until the violation of the regulations by the auditor of the Ministry of Education, Science and Technology around October 2012.

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