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(영문) 대전지방법원 2016.11.30 2015가합101232
부당이득반환 청구의 소
Text

1. The Defendants shall attach [Attachment 2] to the Plaintiff.

The amount of money stated in paragraph (1) shall be from February 17, 2016 to the date of full payment.

Reasons

1. Facts of recognition;

A. The plaintiff is a public corporation established under the Korea Railroad Corporation Act, and the defendants are those who retired while serving in the plaintiff corporation.

B. On July 31, 2008, the Plaintiff paid performance rates to the executives and employees of the Plaintiff according to “the results of the management performance evaluation in 2007.” (c) The Board of Audit and Inspection, on August 4, 2009, pointed out the payment of the Plaintiff’s performance rates as follows. - The Plaintiff’s payment of performance rates to the former employees at KRW 50% of the basic salary for December 12, 200 for each employee on the ground that the Plaintiff obtained the performance of “management performance year” in 2007, was in violation of the 2007 government-invested institution’s budget compilation guidelines, which provides that the surplus budget of the personnel expenses incurred from the difference between the prescribed number and the current number of employees should not be used for raising the personnel expenses. - The Plaintiff did not reflect the government’s violation of the above 207 management performance evaluation guidelines in the “ration of remuneration management” index, and the Plaintiff’s payment rate should not be included in the “management performance rate of labor expenses at public institution’s 200.”

E. The performance-based management evaluation rate paid to the Defendants according to the initial performance-based payment rate is the performance-based management evaluation rate in 2007.

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