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(영문) 광주지방법원 2016.08.26 2015나55829
임금
Text

1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the money ordered to be paid in addition to the following shall be revoked.

Reasons

1. Facts of recognition;

A. On March 1, 1998, the Plaintiff was appointed as a full-time lecturer at C University (hereinafter “D University”) operated by the Defendant (hereinafter “D University”) and was promoted as a associate professor on October 1, 2006.

B. From the salary system, the Defendant maintained the salary system for faculty members of D University by not later than the year of 1998, which was paid by adding the salary and various kinds of allowances to the salary according to the annual salary system. From March 1, 1999, the Defendant newly enacted and implemented the annual salary payment system that was to pay the salary according to the annual salary reflecting the results of the immediately preceding year of the teachers. 2) Before the enactment of the regulations on the payment of annual salary, the Defendant, at the teachers’ training council held on February 25, 1999, explained the enforcement of the provision on the payment of annual salary system among 78 all teachers including the Plaintiff, among 90 teachers including the Plaintiff, submitted a written consent for the application of the annual salary system individually from the said teachers on March 3, 1999.

3) However, as a matter of validity of the provision on the payment of annual salary system becomes effective, E, the Deputy Director of D University, held a faculty meeting to obtain ratification of the provision on the payment of annual salary system on July 15, 2010. Of the 45 participants at the time, 40 persons from among the 45 participants at the time were present, and 35 persons, including the Plaintiff, signed a letter of consent to the “written consent to the supplementation of annual salary system” in the form of joint signature. (4) On January 5, 2015, the Defendant sent a notice of consent to the implementation of the annual salary system to the professors who were working at the time of the enactment of the provision on the payment of annual salary system at the time of the enactment of the annual salary system at the end of January 2015, and 32 persons from among the 41 participants at D University on February 5, 2015 were gathered to express their consent to the implementation of the provision on the payment of annual salary system.

C. From December 201 to November 17, 2014, the Defendant’s separate sheet for calculation of benefits to the Plaintiff on the 17th day of each month.

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