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(영문) 서울고등법원 2017.03.16 2016누66140
보조금지원거부처분취소
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

Basic Facts

The plaintiff is an educational foundation that operates Chigh School in Ischeon-si B.

On July 10, 2015, the Plaintiff requested the Defendant to pay the unpaid remuneration to the Plaintiff by June 30, 2015, since D, who is the principal of Chigh School maintained and managed by the Plaintiff, was appointed as the principal on February 13, 2014 through the certification of contents and served as the principal on May 10, 2014 with the approval of the Gyeonggi-do Office of Education which is the competent authority on May 10, 2014, the Plaintiff requested D to pay the unpaid remuneration from March 2012 until June 30, 2015. In accordance with the guidelines for the payment of defective financial subsidies to the Gyeonggi-do Office of Education, the Plaintiff instructed D to guide D to the effect that it is impossible to pay the unpaid wage due to the lack of budgetary support. However, the Plaintiff requested D to pay the overdue payment of wages under the Labor Standards Act and interest for unpaid wages under the Enforcement Decree of the Labor Standards Act, and the Plaintiff requested the Defendant to request the Defendant to pay the unpaid remuneration.

On July 23, 2015, the Defendant sent a reply to the request for support of financial deficiencies according to the civil petition requesting unpaid remuneration (hereinafter “instant reply”) to the head of Chigh School on July 23, 2015. On July 27, 2015, the C High School head sent the instant reply to the Plaintiff on July 27, 2015.

According to the Chigh School principal’s title: (a) reviewing the case of requesting a subsidy for financial deficiencies for the payment of benefits to C High School principal D, which was requested by the corporation returning to the response to the request for payment of unpaid remuneration due to the civil petition requested for payment of unpaid remuneration; (b) the Private School Act, which is not the Labor Standards Act, shall apply to the teachers’ personnel expenses pursuant to the instant guidelines; and (c) as the personnel expenses for teachers are calculated by the amount of financial demand based on the personnel expenses based on the retirement age for

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