logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 창원지방법원 2019.07.11 2019구합50326
기간제교사호봉획정소홀처분취소
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Details of disposition;

A. The Plaintiff is a school foundation that establishes and operates C Middle School and D High School in Seongbuk-gu, Sungwon-gu.

E served as the head of D High School administrative office from August 1, 2008 to July 1, 2013, and the Plaintiff employed E as a fixed-term teacher in D High School on March 1, 2015, and March 1, 2016, March 1, 2017.

B. On September 6, 2018, the Defendant issued a caution and corrective disposition to the Plaintiff on the ground that it was negligent in defining the salary class of fixed-term teachers as follows:

(hereinafter referred to as “instant disposition”): The part disputing the Plaintiff among the neglect of defining the salary grade of a fixed-term teacher: The Regulations on the Rules on the Remuneration of Public Educational Officials, etc. [Attachment 22] and the Regulations on the Application, etc. of the Career Conversion Rate in the Determination of the Salary Grades of Public Educational Officials, etc. are to recognize 50 percent of the career experience in the private schools and corporations as defined in Article 2(1) and (2) of the Private School Act.

Therefore, 50 percent of work experience as employee of private school administrative office should be recognized.

Nevertheless, while employing fixed-term teachers E, F did not recognize that the work experience as the head of D High School administrative office from September 1, 2009 to July 31, 2013 was 50 percent, and recognized that it was 10 percent and determined the salary class.

(1) In order to prevent these problems in the future, the determination of fixed-term teachers' salary classes shall be thoroughly made in accordance with the rules and regulations on the application, etc. of the Public Officials Remuneration Regulations and the career conversion rate table in determining the salary class of public educational officials.

(2) The salary grade with erroneous determination of error in fixed-term teachers E shall be adjusted pursuant to Article 18 of the Public Officials Remuneration Regulations, and the total of 15,746,920 won for remuneration paid in a large amount shall be recovered from eligible persons and the remuneration of 13,089,740 won for the previous year shall be deemed the special account for educational expenses of Gyeongnam-do, and the remuneration of 2,657,180 won for the current year shall be returned to the school accounting.

3. The Director-General of the Secretariat, who is concerned, shall be careful.

C. The Plaintiff on October 5, 2018

arrow