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(영문) 서울고등법원 2016.04.08 2015나2037588
감봉처분무효확인 등
Text

1. The part of the judgment of the court of first instance against the plaintiff regarding the claim to nullify the reduction of salary shall be revoked.

The defendant on October 20, 2014.

Reasons

The Defendant is a school foundation that establishes and operates the C University (name D before change, hereinafter referred to as the “C University”).

The plaintiff is appointed as a full-time lecturer in the language therapy of C University around March 1998 and is in the position of associate professor from October 1, 2006.

The main contents of the defendant's service regulations (hereinafter "the former service regulations") amended on June 18, 2012, which were enforced since that time, are as follows:

Article 2 (Scope of Application) Except as otherwise expressly provided for in Acts and subordinate statutes, articles of incorporation, regulations, etc., the service of teaching staff of C University shall be governed by this provision.

Article 12 (Working Hours of School Personnel) (1) The working hours of school personnel shall be from 09:0 to 18:00, and 40 hours per week shall be basic working hours.

Provided, That where the completion time of a lecture is after the retirement hours, the completion time of a lecture shall be the retirement hours.

(5) School teachers shall, in principle, attend school every day and conduct guidance or research on students during the hours other than those for attending school with permission, regardless of whether or not they have given any school hours and leave school hours under Article 12.

Provided, That this shall not apply during the vacation period.

Article 32 (Opening to Duty) (1) School personnel shall attend school at the designated time and write the prescribed attendance mark and perform their duties.

(2) The attendance mark shall be based on the attendance book kept in each faculty member's department (department), and its employees shall be based on the attendance book kept in the secretariat, and in the case of teaching assistants, it shall be based on the attendance book kept in the school affairs room.

When the school personnel retire from office, documents under their jurisdiction shall be kept in full, and confidential information or other equivalent documents shall be kept in custody of such documents.

On December 3, 2012 and March 6, 2013, the Defendant sent the following co-operation to the professors, including the Plaintiff, under the name of the principal of school affairs.

In accordance with Article 12 (1) of the Regulations on the Service of the Faculty Members of Korean University, it is following about commuting to and from work due to the introduction of the system for the management of the assignment of the staff.

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