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(영문) 대전지방법원 2016.10.12 2015가단225001
임금
Text

1. The Defendant: 8,941,888 won to Plaintiff A; 14,639,190 won to Plaintiff B; 12,664,080 won to Plaintiff C; and 11,326 won to Plaintiff D.

Reasons

1. Basic facts

A. The Defendant is a school foundation that operates the International University (hereinafter “Defendant University”). The Plaintiffs are professors working in the Defendant University.

B. Meanwhile, a teacher of a college educational institution under Article 53-2 (3) of the Private School Act may be appointed by setting terms of a contract, such as period of service, salary, conditions of service, and agreement on achievements and performance, as prescribed by the articles of incorporation

In such cases, relevant regulations applicable to teaching staff of national or public universities shall apply to the working period.

According to Article 45 of the Defendant’s articles of incorporation, “The remuneration of teachers shall be prescribed separately by the Rules, subject to the resolution of the board of directors, depending on the degree of qualifications, experience and difficulty and responsibility of duties.”

Article 2 of the Regulations on Remuneration of Teachers and Staff, which was amended and enforced as of September 30, 2009 through a resolution of the defendant's board of directors, may apply mutatis mutandis to the remuneration of teachers and staff, and Article 2 of the Regulations on Remuneration of Teachers and Staff, except as otherwise provided for in this Regulations, the provisions on the Public Officials Remuneration Regulations and the Public Officials' Allowances, etc.: Provided, That the remuneration of the faculty of a university and college may be applied to the annual salary system, and when implementing the annual salary system, detailed matters on their operation shall

C. In accordance with the Public Officials Remuneration Regulations and the Public Officials Remuneration Regulations, the Defendant has paid the Defendant’s university faculty wages by applying mutatis mutandis the said Regulations.

On the other hand, the president of the Defendant University announced the implementation of the annual salary system to all the faculty members on February 19, 2010, and decided on February 25, 2010 to change the standards and methods for the payment of the faculty members from March 1, 2010 to the annual salary system from the salary system through internal resolution on February 25, 2010.

In the absence of the annual salary regulations, the defendant shall be based on the amount raised en bloc by 2% on the basis of the total amount excluding prompt personal allowances and assignment allowances, among individual remunerations received during the previous period from March 2010, when no annual salary regulations have been established.

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