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(영문) 수원고등법원 2020.11.05 2020나12666
폐과면직처분무효확인
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

Reasons

1. Facts of recognition;

A. The parties 1) The Defendant is an educational foundation that establishes and operates a D University and E University. 2) The Plaintiff was newly appointed as a full-time faculty member of the E University on March 1, 2014, and served as an assistant professor of digital contents design division (the name of the original department was “advertising Design division,” and was changed after March 1, 2015, as above; hereinafter “instant department”). On March 1, 1998, Plaintiff B was newly appointed as a full-time faculty member of the E University and served as a professor of the instant department.

B. 1) The Defendant was anticipated to reduce the amount of tuition fees due to the reduction of the number of students, and the Defendant convened a faculty meeting on November 29, 2016 to discuss matters concerning the reduction of the amount of tuition fees related to the formulation of the budget for the fiscal year 2017. 2) Of 68 persons, 47 persons, among 68 persons, who are employed as professors of the retirement age group of the E University, attended the instant faculty meeting on December 29, 2016 and returned 21.47% of the personnel expenses with the consent of 37 persons among them (hereinafter “the instant resolution”).

3) Thereafter, on January 4, 2017, the Plaintiffs prepared and submitted a written consent to the return of wages corresponding to the fiscal year of 2017 and the disposal thereof as a general donation. 4) The Defendant paid the Plaintiffs reduced wages in the manner of deducting the deduction amount from the details of deduction under the salary statement in accordance with the instant resolution.

5) Accordingly, the Plaintiff’s wages deducted under the pretext of donation from March 2017 to February 2018 are 12,982,140 won, and the wages of Plaintiff B are 19,015,090 won. C. The Defendant decided to close the instant department at the faculty meeting on April 7, 2016 and to suspend the recruitment of new students from the year of 2017, following the Defendant’s resolution to close the instant department at the faculty meeting on April 7, 2016.

2. The board of directors of the defendant will ex officio dismiss the plaintiffs on March 16, 2018.

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