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(영문) 광주지방법원 2016.10.11 2015가단527170
상환금 등 청구
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff has a university, graduate school, research institute, etc. under its control, which is established by the Gwangju Institute of Science and Technology Act.

B. On May 1, 2005, Defendant A was appointed as a senior researcher of the D Research Institute under the Plaintiff’s control and promoted to the responsible researcher on October 1, 2010. From January 12, 2009, Defendant A served as the head of the F Research Department of the E Research Institute from January 12, 2009.

C. From July 1, 2014 to April 30, 2015, Defendant A filed an application for research with the Plaintiff for a period of time from July 1, 2014 to April 30, 2015 with the research institute as G located in the Republic of Czeco (hereinafter “instant research institute”), and the Plaintiff approved the application on May 7, 2014.

around March 2, 2015, Defendant A extended the research year by June 30, 2015 with the Plaintiff’s approval.

E. After the completion of the research year, Defendant A submitted to the Plaintiff as of June 15, 2015, and resigned as of July 31, 2015.

F. Article 5 subparag. 6 of the employment contract prepared by Defendant A at the time of entering into the employment contract with the Plaintiff provides that “In the case of being dispatched at home or abroad or received training at the expense of the State expenses, the prime cost, or the inviter during his employment, he shall serve the compulsory service period as determined by the Plaintiff, and in the case of failing to perform this, he may serve the compulsory service period stipulated by the agreement between the agencies, and refund the amount

G. Meanwhile, the Plaintiff’s main contents of the “Research Year Implementation Guidelines” (hereinafter “Research Implementation Guidelines”) are as follows.

◎ 연구년 시행지침(제정 1998. 5. 26., 10차 개정 2014. 6. 22.) 제2조(자격요건) 연구년 후보자는 본원의 전임직 교원으로서 6년 이상 근속한 자이어야 한다.

The Institute shall have served for at least ten years as a person in continuous service.

Provided, That in the case of the Institute, if necessary for the purpose of research, a person who has served for at least six years may be approved for the research year after deliberation by the Personnel Committee.

Article 5. Application and.

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