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(영문) 부산지방법원 동부지원 2018.10.30 2018가단203441
임금
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The plaintiff and the defendant's employment relationship (1) operated the previous C University (4-year system) and D University (2-year system) respectively. The plaintiff was appointed as a teacher at D University on September 1, 1997 and worked for the above university until February 28, 2003.

(2) On February 28, 2003, the Defendant closed the pertinent university due to the difficulties in recruiting new students of the D University, and absorbs and combines the resources into C University.

(3) Accordingly, on March 1, 2003, the Defendant was newly employed as a class similar to the class of the C University faculty members on a two-year basis, who retired from office due to the closure of a school. The Plaintiff was also appointed as a full-time lecturer for the C University Multimedia Engineering Department (the employment period from March 1, 2003 to February 28, 2005).

(4) After that, the Plaintiff and the Defendant concluded a contract for reappointment (two years in terms of contract) around March 1, 2005; ② the contract for promotion of assistant professors on April 1, 2006; ③ the contract for promotion of assistant professors on September 1, 2008 (2 years); ④ the contract for promotion of associate professors on March 1, 2010; ⑤ the contract for promotion of associate professors on March 1, 201; and ⑤ the contract for reappointment (6 years) around March 1, 2016.

B. Change in the ground regulations on the payment of remuneration (1) The Plaintiff received the remuneration in accordance with the existing regulations of the D college in 2003, and made the said university’s account as financial resources.

(2) (A) The Defendant enacted the “Remuneration Regulations” around March 1, 1997 in order to determine the matters concerning the remuneration to be paid to the teachers and staff at the same time as the opening of C University. The main contents of the “Remuneration Regulations” amended as of March 3, 2004 are as follows.

Article 1 (Purpose) The purpose of this Article is to provide for matters necessary for the remuneration of the faculty and staff of Cuniversity (hereinafter referred to as “Cuniversity”) pursuant to Articles 45 and 68 of the articles of incorporation of the school juristic person B.

Article 3 (Scope of Application) (1) Except as provided in other Acts and subordinate statutes, remuneration of school personnel shall be governed by this provision.

2. The scope of application of this provision shall be teachers, staff, general service, technical service, and technical service working at this university.

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