logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2018.01.11 2016나70569
임금
Text

1. Of the judgment of the court of first instance, the part against the defendant exceeding the following amount ordered to be paid shall be revoked.

Reasons

1. In the first instance trial, the Plaintiff sought payment of the Defendant’s wage difference from March 2014 to February 2016 under the premise that the Defendant’s regulations for operating performance-based incentives for teachers are invalid, ② wage difference from January 1, 2014 to February 2016, ③ wage difference from February 2014 due to non-application of the salary grade, ③ incentive payment on August 8, 2014, and January 2015. The first instance court accepted the Defendant’s claim for the wage difference and dismissed the Defendant’s claim for encouragement payment.

Accordingly, only the Defendant appealed against the above cited portion of the court of first instance. According to the purport of the claim as of May 10, 2017 and the written application for modification of the cause of the claim as of May 10, 2017, the Plaintiff withdrawn the part of the claim for encouragement deposit stated in the above claim ③ through the application for modification of the claim as of May 10, 2017, and added the claim for the difference of wages from March 1, 2016 to April 2017 premised on the Defendant’s provision on the management rules for performance-based incentives as of March 1, 2016 to which the Plaintiff’s provision for performance-based incentives as above was accepted by the court of first instance or added the Plaintiff’s claim to April 2017, the subject of the judgment of this court is limited to the difference of wages from March 1, 2014 to April 1, 2014 under the premise that the Plaintiff’s provision for performance-based incentives as of teachers was invalid.

2. Basic facts

A. The Defendant established and operated a C University, etc., and the Plaintiff was appointed to C University on March 1, 1991, and was elevated on March 1, 2009 as professor of D Department of the said University.

B. As to the remuneration of school personnel subject to the salary grade system of C University, the Defendant is subject to the following two-thirds in the past.

On January 17, 2014, based on the former Regulations on Remuneration of Teaching Staff (hereinafter “former Regulations on Remuneration of Teaching Staff”) before the amendment, the salary system has been implemented for the majority of teaching staff. However, on January 17, 2014, the former Regulations on Remuneration of Teaching Staff have been amended and the same has been amended.

arrow