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(영문) 서울중앙지방법원 2016.10.20 2016가단5026641
임금
Text

1. The Defendant’s KRW 26,386,230 as well as 5% per annum from February 25, 2016 to October 20, 2016 to the Plaintiff.

Reasons

1. The following facts may be found either in dispute between the parties or in addition to the whole purport of the pleadings in each entry in Gap evidence Nos. 2, 3, and 4:

The defendant establishes and operates a C University in Busan, and the plaintiff is a professor affiliated with D of the above University.

B. As to the remuneration of the faculty of C University, the Defendant established the salary grade system in accordance with the former Regulations on the Remuneration of Teachers and Staff, etc., and applied the salary grade system that pays the amount calculated by adding various allowances to the salary according to the salary classification table as remuneration, the Defendant enacted the “Rules on the Operation of Performance-Based Incentives System for Teachers” (hereinafter “Operation Regulations on Performance-Based Incentives System”) from March 1, 2014 as follows.

- The basic annual salary, non-basic annual salary, and performance-based incentives, and the "basic annual salary" means the principal salary, research expenses, research subsidies, school guidance expenses, school meal service expenses, fixed-term leave expenses, holiday allowances, fixed-term work allowances, additional dues, “non-basic annual salary allowances” means job allowances, school tuition allowances, excess lecture allowances, family allowances, infant care allowances, etc., and the “performance-based annual salary” means a differential annual salary paid according to the grade determined according to the results of the performance evaluation on a yearly basis.

-A performance-based incentive shall be payable by multiplying the rate of allocating an amount by teacher grade based on the evaluation of performance.

- The evaluation of work performance shall be based on a supplementary recruitment rate (200 points), employment rate (200 points), 400 points for college development (200 points), 100 points for college development (100 points), education and study (200 points), 600 points for personal work performance evaluation (100 points), total 1,000 points for each S through D grade.

2. Summary of the plaintiff's assertion

A. The Defendant’s claim for the payment of the difference of wages following the invalidity of the regulations on the management of performance-based incentives is as follows from March 2014 to February 2016.

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