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(영문) 인천지방법원부천지원 2015.12.11 2015가합103134
채무부존재확인
Text

1. The amount of each stated in the column of the amount of debt arrears in the separate sheet for each of the plaintiffs in attached Form 1 against the defendant of the plaintiffs.

Reasons

1. Basic facts

A. The defendant is a school foundation that establishes and operates the Seoul New Abuse School, and the plaintiffs are the teachers and staff who work in the Seoul New Abuse School.

B. The background leading up to the payment of the instant continuous service allowance (1) the pension system for private school teachers and staff (hereinafter “private school pension”) was introduced after the amendment of the Private School Teachers’ Pension Act on December 21, 1977, and has been in force until now.

(2) Prior to the introduction of the private school pension system, the Defendant, who operated the retirement benefits system prior to the introduction of the private school pension system, has resulted in the actual reduction of the Defendant’s wages to the private school pension system, resulting in the number of the employees under his control.

At the end of the consultation with the teachers and staff, the defendant agreed to pay the total amount of individual contributions for private school pensions and individual contributions for health premiums to the teachers and staff as a pretext of the continuous service allowance in 194.

(3) According to the above agreement, from March 1994 to July 2012, the Defendant paid continuous service allowances to the affiliated staff members including the Plaintiffs, and withheld the individual pension charges and the individual premium charges of the same amount from the benefits including them.

C. The result of the Ministry of Education’s audit and the Defendant’s collection of individual contributions to the Minister of Education (1) were problematic in paying continuous service allowances to the Defendant’s faculty members in the course of audit on the Defendant of the Minister of Education, and the Defendant’s faculty members returned the amount equivalent to the portion of the individual contributions to the private school pension out of the continuous service allowances that the Defendant received from the Defendant from March 2012 through July 2012, and the Defendant suspended the payment of continuous service allowances from August 2012.

(2) The Minister of Education, upon conducting a specific audit on the Defendant from November 2012 to February 2013, 2013, shall bear the burden of teachers and staff by the Defendant’s payment of the amount equivalent to the individual pension charges from the accounts of school expenses as part of the remuneration for continuous service (hereinafter “instant allowances”).

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