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(영문) 서울중앙지방법원 2018.07.13 2016가합566639
임금
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. The plaintiffs in the status of the parties are the public official of education who is called the former fostering staff of the former fostering association or parents association staff (title prior to the change, "school accounting staff"; hereinafter referred to as "educational public official staff" regardless of whether before or after the change, and enter into an employment contract with each of the principals listed in the name of the school in the attached Table "name" and work for each of the above schools (hereinafter referred to as "each of the schools in this case").

The defendant establishes and operates each of the schools in this case, and is a local government in charge of education and art affairs pursuant to Article 2 of the Local Education Autonomy Act and is an employer of the plaintiffs.

B. The Plaintiffs’ wage system change 1) concluded a salary-based employment contract with the head of each school to which they belong to which the Plaintiffs are entitled to wages in accordance with the remuneration standards for local public officials, by applying mutatis mutandis the rules on remuneration for local public officials, the provisions on allowances for local public officials, etc. (Plaintiff L was to apply the 10-class remuneration standards for public officials in technical service at the time of employment, but thereafter the wage system was changed to apply the remuneration standards for public officials in technical service.

(2) Since January 1, 2014, according to the Seoul Special Metropolitan Office of Education Ordinance on the Employment, etc. of Public Officials, the Defendant is deemed to have employed the Plaintiffs from January 1, 2014. On the other hand, more than 700 public officials other than the Plaintiffs were applied from the beginning to the 10th public officials in technical service. 2) The amendment of the Local Public Officials Act that applied the 10th public officials in technical service by the amendment of the 10th public officials in technical service, thereby abolition of the 10th public officials in technical service, the office of education affiliated with the Defendant under its jurisdiction, as the 10th public officials in technical service abolished the 10th public officials in technical service due to the abolition of the 10th public official’s 10th public officials in technical service.

In November 2012, the basic guidelines for the formulation of the budget of the school accounting (hereinafter referred to as "basic guidelines for the formulation of the school accounting") also around 2013.

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