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(영문) 수원지방법원성남지원 2015.07.30 2014가단211731
퇴직금청구의 소
Text

1. The Defendant’s KRW 15,610,959 as well as the Plaintiff’s annual rate of 5% from May 12, 2012 to July 30, 2015, and the following.

Reasons

1. Facts of recognition;

A. The Plaintiff, while working as the Defendant’s employee, was selected as the subject of the B University Public Enterprise Policy Division and Degree Courses commissioned on December 2009.

On March 2, 2010, the Plaintiff admitted to the degree course and graduated from August 29, 2011.

Commissioned education under Article 26 (Classification of Entrusted Education) of the Education and Training Regulations shall be classified as follows:

2. Degree courses: Article 32 (Education Courses and Periods in Education) (2) The education period and the period of obtaining a degree by education course shall be prescribed by detailed regulations for implementation.

Article 41 (Duties of Service) (1) Students of the curriculum for which the Corporation pays expenses for commissioned education pursuant to Article 40 (1) shall serve in the Corporation for a period equivalent to twice the education period on six years, and the period of education, which serves as the basis for calculating the compulsory service period, shall be determined by the detailed plan for each course under Article 31.

Article 42 (Reimbursement of Entrusted Educational Expenses) (1) Where students of degree courses or research courses fall under any of the following cases, the Corporation shall reimburse the entrusted educational expenses paid pursuant to Article 40 (1) by the Corporation:

3. Where he/she retires without completing the obligation to serve in the military.

1. Whole amount of entrusted education expenses;

(b) Persons who fall under paragraph (1) 3 and serve less than 50% of the compulsory service period;

2. The period of education and training under Article 3 (Period of Education and Training and the period of obtaining a degree under Article 32 (2) of the Enforcement Rule of the Regulations on Education and Training for Persons who serve not less than 50% of the compulsory service period and who fall under paragraph (1) 3 of the entrusted education and training corresponding to the ratio of the period of non-performance

[Attachment 2] The education period and the degree period (related to Article 13): The domestic master's degree course ( weekly), within two years, and the degree period within four years.

B. The defendant grants compulsory service period to persons subject to commissioned education instead of paying educational expenses, etc. for the pertinent course and fails to perform such period.

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