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(영문) 서울중앙지방법원 2017.08.11 2012가합91953
손해배상(기)
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. The Plaintiffs are fixed-term teachers appointed pursuant to Article 32 of the Public Educational Officials Act or Article 54-4 of the Private School Act.

The details of plaintiffs' employment are as shown in the attached Table 3.

B. The Defendant’s Minister of Education (including the previous Minister of Education, Science and Technology; hereinafter the same) prepared guidelines for the payment of the performance bonus of public educational officials (hereinafter “instant guidelines”) and issued them to affiliated agencies, etc. as follows.

1) Around February 2010, the Defendant’s Minister of Education excluded fixed-term teachers from the subject of performance bonuses, following the Defendant’s guidelines for the payment of performance bonuses to public educational officials in 2010 (from January 1, 2009 to December 31, 2009, the date of payment, December 31, 2009). (ii) The Defendant’s Minister of Education excluded the fixed-term teachers from the subject of performance bonuses. (iii) Around February 2011, the Minister of Education excluded the Defendant’s payment of performance bonuses to public educational officials in 2011 (from January 1, 2010 to December 31, 201, the date of payment, from the subject of performance bonuses).

3) Around February 2012, the Defendant’s Minister of Education excluded fixed-term teachers from the amount of performance bonuses when following the guidelines for the payment of performance-based bonuses to public educational officials in 2012 (from January 1, 2011 to December 31, 2011, the payment base date). Meanwhile, the Defendant’s guidelines in 2012 stipulate that in the case of public and private school teachers on the unit of performance-based bonuses, personal performance and school performance pay, and in the case of national and educational professionals, personal performance pay, and in the case of private school teachers, the said guidelines include “in the case of public and private school teachers, guidance and supervision are strengthened so that the performance evaluation of individual and school performance can be conducted thoroughly in accordance with public educational officials.” [Grounds] There is no dispute over the facts, Gap, 1, 8 through 64, 66, and 67 numbers (including numbers; hereinafter the same shall apply).

each entry, the purport of the whole pleading

2. The plaintiffs' alleged fixed-term teachers are also public officials' allowances.

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