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(영문) 부산지방법원 2014.07.11 2013구합4270
호봉정정에 따른 급여환수처분취소
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. On August 5, 2013, the Defendant corrected the Plaintiff’s salary class, which was a public educational official, who was in office as the principal of B High School on January 1, 1987, to salary grade 22 as of January 1, 1987.

Accordingly, the defendant ordered B High School to settle the salary retroactively as of the date of salary grade announcement according to the correction of salary grade. Accordingly, B High School demanded that the plaintiff return KRW 16,941,570 from January 1, 1987 to December 2012, and notified B High School that KRW 524,980 should be recovered from the salary in August 2013.

Accordingly, the Plaintiff paid KRW 16,941,570 to B High Schools on August 23, 2013, and KRW 524,980 was recovered from the salary in August 2013.

B High School returned the above KRW 16,941,570 to the Defendant on August 28, 2013.

On August 30, 2013, the Plaintiff filed an appeal with the Appeal Commission for Teachers by asserting that the portion five years have elapsed since the date of the Defendant’s disposition of restitution of the amount of benefits was extinguished by prescription. However, on November 13, 2013, the Appeal Commission for Teachers rejected the Plaintiff’s appeal on the ground that the Defendant’s disposition of restitution of the amount of benefits is not subject to the appeal review, and notified the Plaintiff on November 21, 2013.

[Ground of recognition] Unsatisfy, Gap's statements in Gap's 1, 2, 4 through 7 (including paper numbers), the purport of the whole pleadings

2. Summary of the parties' arguments;

A. The restitution of the amount of benefits following the correction of the Plaintiff’s salary class constitutes a claim for restitution of unjust enrichment. According to Article 96(1) of the National Finance Act, the statute of limitations expires if the State’s right to payment of money is not exercised for five years. As such, the portion of the amount of benefits that was paid from January 1, 1987 to July 2008, which was five years after the date of the disposition, among the disposition of restitution of the amount of benefits, is about the claim for which the statute of limitations has already expired.

Therefore, the defendant.

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