Text
1. The plaintiff's appeal is dismissed.
2. The plaintiff's claim added by this court is dismissed.
3. Appeal expenses and interest.
Reasons
1. Basic facts
A. The Defendant is a school juristic person that establishes and operates a private junior college.
B. The contents of the Defendant’s articles of incorporation pertaining to the instant case are as follows.
Article 44 (Appointment and Dismissal of Teaching Staff of Universities other than the heads of schools) (2) The president shall be appointed or dismissed for the following periods at the proposal of the heads of schools after deliberation by the personnel committee:
Provided, That in cases of new appointment, such terms and conditions as salary, conditions of employment, and agreement on achievements and performance shall be determined and appointed.
(Dismissal omitted) The remuneration of teachers under Article 51 (Remuneration) shall be separately prescribed by the Rules, subject to a resolution of the board of directors in accordance with the degree of qualification, career, difficulty and responsibility of duties.
C. Pursuant to Article 51 of the Articles of incorporation, the Defendant enacted and implemented the “B Remuneration Regulations for School Foundations” (hereinafter “Remuneration Regulations”) to determine matters necessary for the remuneration of teachers.
According to the remuneration regulations, the remuneration of teachers refers to the sum of salaries, allowances, performance-based allowances, and other allowances, among them, the performance-based means the last day allowance, the fixed-term allowances, and the household support expenses, and the detailed criteria for the payment of the weather allowances and the household support expenses prescribed in attached Table 5 are as follows:
2. Performance rates;
(a) The last-end allowance and the last-end allowance: 300% per annum shall be paid, as the last-end allowance, 300% per annum, of the amount calculated by adding research subsidies and additional dues to the salary of a teacher in his/her remuneration, on condition that 50% per annum shall be paid in March, May, June, June, September, September, November, November and December, respectively;
(b) Household support costs: 250% per annum of the monthly salary of teachers shall be paid, but 50% per annum in February and August, respectively, and 75% per annum in April and October;
On March 1, 1999, the Plaintiff was newly appointed to the Defendant by the term of appointment until February 28, 2000, and was employed at D University, and was reappointed to the Defendant on March 1, 2000 by the term of appointment until February 28, 2001, and was denied on March 3, 2001.
E. The defendant on February 16, 2004