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(영문) 대전지방법원 2017.03.30 2015가합101249
부당이득반환 청구의 소
Text

1. The Defendants shall attach [Attachment 1] to the Plaintiff.

The money stated in this paragraph and the same shall be repaid in full from November 9, 2016.

Reasons

1. Facts of recognition;

A. The Plaintiff is a public corporation established pursuant to the Korea Railroad Corporation Act, and the Defendants retired while serving in the Plaintiff.

B. On July 31, 2008, the Plaintiff paid performance rates to the executives and employees of the Plaintiff according to “the results of the evaluation of management performance in 2007”. - The Plaintiff’s payment of labor expenses for the management of vacancies (the difference between the fixed number and the current number of employees) as special bonus by 50% for each employee as the funds for personnel expenses under the management of the vacancy (the difference between the fixed number and the current number of employees) violates the 2007 Government-Invested Organization Budget Guidelines, which provides that the surplus budget for personnel expenses incurred from the difference between the fixed number and the current number of employees shall not be utilized for the increase of personnel expenses. - The Plaintiff submitted the government’s performance evaluation report in 2007, without reflecting the above violation of the 2007 Government Budget Guidelines, which was measured by the measurement index, and the rate of increase in personnel expenses for the pertinent year was calculated differently from the facts, and the Plaintiff’s payment of performance rates by 200% higher than 40% of the total number of employees and employees.

E. The management evaluation performance rate in 2007 and the Ministry of Strategy and Finance, which were paid to the Defendants according to the initial performance rate.

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