1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1...

1. The reasons why the court should explain this part of the facts of recognition are as stated in Paragraph 1 of the reasoning of the judgment of the court of first instance. Thus, this part is cited in accordance with the main sentence of Article 420 of the Civil Procedure Act

2. Determination

A. 1) Determination on the cause of claim 1) Although the labor contract relationship between an employer and an employee continues to exist effectively, it can be said that a worker may claim a payment of the entire amount of wages that he/she would have received in the event that he/she fails to provide labor due to the cause attributable to the employer.

(B) In light of the above legal principles, the health account of the instant case in light of the aforementioned legal principles (see Supreme Court Decision 92Da39860, Dec. 8, 1992) and the fact that the Plaintiff reported the restoration to the Defendant on February 12, 2016 is as seen earlier. The personnel management regulations of the instant university (hereinafter “the personnel management regulations of the instant university”).

(3) Article 16(3) of the same Act provides that a teacher whose period of temporary retirement has expired shall be naturally reinstated when he/she files a report on his/her reinstatement within 30 days. Thus, the Plaintiff’s employment relationship between the Plaintiff and the Defendant shall be deemed as effective from March 1, 2016, which is the day following the expiration of the period of temporary retirement upon the above report on his/her reinstatement. Therefore, the employment relationship between the Plaintiff and the Defendant shall be deemed as effective from March 1, 2016, and the Defendant demanded the Plaintiff to submit additional opinion, certificates, research data, and research report, and the Plaintiff refused the Plaintiff’s reinstatement and failed to actually provide his/her service to the Defendant, which is due to the Defendant’s cause attributable to the employer. Thus, the Defendant is obligated to pay the Plaintiff wages that the Plaintiff could have continued to work from March 1, 2016, which is the date of his/her temporary retirement, and compensation for delay, to the extent of the Plaintiff’s obligation to pay wages (2).