(영문) 서울행정법원 2019.12.5.선고 2019구합58940 판결

The defendant shall pay to the plaintiffs the amount stated in "The sum of the claim amount table of attached Table 2" and "the allowance of July 26, 2016" with respect to each of the money stated in "the allowances of August 26, 2016", "the allowances of August 26, 2016" with respect to each of the money stated in "the allowances of August 26, 2016", "the allowances of September 24, 2016" with respect to each of the money listed in "the allowances of September 26, 2016", with 5% per annum from September 24, 2016 to the day of full payment, and 15% per annum from the following day to the day of full payment.

Reasons

1. Basic facts

A. On July 27, 2015, the Plaintiffs were appointed as public officials in extraordinary civil service in each corresponding position as stated in the “Attachment 2 List” to the Special Investigation Committee on the April 16 Sewol Ferry Disaster (hereinafter referred to as the “Committee”) established pursuant to the Special Act on Investigating the Truth of the April 16 Sewol Ferry Disaster and Building a Safe Society (hereinafter referred to as the “Special Act”), and were working in the administrative support office, actual names, safe society, and victim support inspection division.

B. The term of office of 17 members selected pursuant to Article 6 of the Special Act on February 17, 2015 was determined and appointed from January 1, 2015 to December 31, 2015, and the commission organized the commission. The commission held the seventh meeting on June 4, 2015 and extended the period of activity pursuant to Article 7(1) of the Special Act for six months. Accordingly, the Defendant did not compile the budget of the commission from January 1, 2015 to June 30, 2016, arguing that the commission’s operating period was from January 1, 2015 to June 30, 2016, and did not request the Plaintiffs to pay remuneration from July 1, 2016 to July 1, 2016. The Plaintiffs filed a lawsuit against the Defendant during the pertinent period of suspension from office to July 16, 2016, which was the first instance court’s determination of the Plaintiffs’ basic status.

[Ground of recognition] A without dispute, entry of evidence No. 1, purport of the whole pleadings

2. Determination as to the cause of action

From July 1, 2016 to September 30, 2016, the Plaintiffs were in the position of a public official in extraordinary civil service in each corresponding position as stated in Attached Table 2 of Claim Amount Table (the Plaintiff B until August 11, 2016). Since the fact that the Plaintiffs had worked in the Committee during each corresponding period is as seen earlier, they were in the position of a public official in extraordinary civil service in each corresponding position.

The defendant shall bear the duty to pay the respective amount stated in the "Attachment 2" column for fixed-time allowance, family allowance, children education allowance, fixed-time allowance, holiday allowance, annual leave allowance, class allowance, specific business expenses, travel expenses, etc., and the corresponding amount stated in the "seven-month allowance" column of the former Public Officials Remuneration Regulations (amended by Presidential Decree No. 27617, Nov. 29, 2016; hereinafter the same shall apply) with respect to each of the corresponding amount stated in the "five-month allowance" column of Article 20 of the former Public Officials Remuneration Regulations (amended by Presidential Decree No. 27617, Nov. 29, 2016; hereinafter the same shall apply) from the 20th day after July 26, 2016 to the 15th day after the date of payment of remuneration under attached Table 30,50% of the former Public Officials Remuneration Regulations (amended by Presidential Decree No. 2950, Sep. 24, 2016>

Furthermore, the Plaintiffs seek for the payment of damages for delay calculated at the rate of 15% per annum from June 1, 2019 to the date of full payment. However, according to Article 2(2) of the Addenda to the Regulation on Special Cases Concerning the Promotion, etc. of Legal Proceedings (amended by the foregoing Rule, May 21, 2019) of the Act on Special Cases Concerning the Statutory Interest Rate of Article 3(1) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, the Plaintiffs’ damages for delay calculated at the rate of 15% per annum per annum prior to the amendment of the foregoing provision is generated until May 31, 2019, unless they assert and prove that the rate of damages for delay was 15% per annum between the parties.

3. Judgment on the defense

The defendant defenses that the plaintiffs paid all the money claimed by the lawsuit of this case, and the fact that the defendant already paid the money that the defendant had the obligation to pay to the plaintiffs does not conflict between the parties.

The defendant's defense is justified.

4. Conclusion

If so, all of the plaintiffs' claims are without merit, they are dismissed. It is so decided as per Disposition.