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(영문) 서울행정법원 2014.12.04 2013구합30315
퇴직금등지급
Text

1. The Defendant’s KRW 22,866,794 as well as the Plaintiff’s annual rate from September 22, 2013 to December 4, 2014.

Reasons

1. Basic facts

A. At around 1983, at the Defendant’s elementary school, C(hereinafter “instant”) has been operated on a voluntary basis by parents, and the Plaintiff was employed as C’s head around December 1986 and has worked as C’s head.

At the time, the principal of the B Elementary School did not participate in the selection and employment contract of the C in the instant case, the provision of remuneration funds, etc., and did not prepare a labor contract with the Plaintiff.

B. From 2005 to 2005, the Seoul District Office of Education sent an ombudsman a letter to improve working conditions for non-regular workers working at Defendant-affiliated schools, and the B elementary school principal concluded a labor contract with the Plaintiff by setting the first contract term as one year between the Plaintiff and the Plaintiff (hereinafter “instant labor contract”).

C. After that, the principal of B elementary school established a contract term between the Plaintiff and the Plaintiff for one year from March 1 of each year without any particular examination and concluded a re-contract six times every year.

Article 1 (Contracting Parties) of the instant employment contract is the principal of the Seoul Elementary School (hereinafter “School”) as the employer, and the following employment contract is concluded between CCo Plaintiff (hereinafter “CoCo”).

Article 2 (Duty of Good Faith) Coin shall faithfully provide labor in compliance with the instructions of the head of a school according to an employment contract.

Article 6 (Working Hours) (1) The Regulations on the Service of State Public Officials (referring to the Ordinance on the Service of Local Governments in the case of public schools; hereinafter the same shall apply) shall apply mutatis mutandis to the working hours of coaches, and where the head of a school separately determines any

(2) Customs duties of the full-time coco management regulations shall be followed.

(3) The head of a school shall require coaches to establish a C education and training plan during the vacation period and work on the basis thereof.

(4) Each attendance at school shall put a seal or private person on the attendance book kept in the school room without fail at all times.

(5) The attendance at work shall be based on the regular class for the fifth and sixth year of this school.

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