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(영문) 대구지방법원 2017.10.20 2017가단4017
임금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The assertion;

A. The Plaintiff asserted that the Plaintiff is working as a professor at D University. The Defendant is a school juristic person operating the said University. The Defendant did not pay 13,979,895 won to the Plaintiff according to the provision on remuneration for the faculty and staff of the said University from February 2, 2015 to August 2016.

B. On February 2015, the Defendant’s assertion 1) filed a claim for reimbursement of the cost of divided household support on or around February 2015, 2015. (2) From March 2015 to August 2016, 2016, Articles 51 and 77 of the Defendant’s articles of incorporation provide that “The remuneration of teachers shall be determined separately by the rules, subject to the resolution of the board of directors according to the qualifications, experience, and the degree of the relationship between the duties and the responsibility.” The above university has established and implemented remuneration regulations to stipulate matters necessary for the remuneration of teachers (hereinafter “compensation regulations”) in accordance with the said articles of incorporation.

However, according to the above remuneration regulations, it provides that teachers shall pay the horse-end allowances, household allowances, and household support expenses.

② On the other hand, the Defendant amended the Regulations on Remuneration on March 1, 2004 following the resolution of the board of directors. In this case, “If it is difficult to operate a school due to the reduction of university revenue budget, it may reduce school personnel’s remuneration and, in this case, it shall undergo the deliberation of the board of directors.” After that, the Defendant has reduced the total amount of household subsidies from March 1, 2004 to the above university faculty members, and has paid the last day allowances from March 1, 2008 to 200% per annum.

③ In addition, the Plaintiff was reappointed as a noncommissioned Officer and an assistant professor with the term of appointment fixed from March 1, 2015 to February 28, 2017. Since the Plaintiff accepted working conditions under the revised rules of employment at the time of reappointment and entered into a new employment contract, the Plaintiff has no right to claim reimbursement of household subsidies according to the revised rules of employment as seen above.

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