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(영문) 부산고등법원 2019.11.14 2018나58465
재임용거부처분무효확인 등
Text

1. The plaintiff's appeal concerning the part concerning the claim for remuneration related to the provision of the annual salary contract for teachers is dismissed in the judgment of the first instance.

Reasons

1. After remanding, the plaintiff at the first instance court confirmed the invalidity of the disposition rejecting the reappointment of the plaintiff against the defendant, ② the plaintiff’s remuneration and the compensation for delay as reduced in accordance with the Rules on the Remuneration for Teachers and Staff amended on March 30, 2012, ③ the plaintiff’s salary, bonus, and household expenses reduced in accordance with the Rules on the Remuneration for Teachers and Staff of the defendant newly established on August 30, 201, ④ the payment of the plaintiff’s salary, bonus, and household expenses reduced in accordance with the Rules on the Remuneration for Teachers and Staff of the defendant newly established on August 3

The first instance court accepted the part of the Plaintiff’s claim for remuneration related to the Plaintiff’s Rules on Remuneration for Teachers and Staff and the damages for delay thereof, and dismissed the remainder of the claim including the claim for confirmation of invalidity of the disposition rejecting reappointment and the claim for remuneration related to the provision of the annual salary contract for teachers.

With respect to this, both the Plaintiff and the Defendant appealed, and this Court, prior to the remanding of the case, deemed the provision of the Teachers’ Salary Contract to be null and void, cited the Plaintiff’s appeal as to the claim for remuneration related to the above provision, and dismissed

As to the judgment before remand, both the Plaintiff and the Defendant appealed against each of their losing parts, and the Supreme Court reversed and remanded the part of the claim for remuneration related to the Regulations on the Contract of Teachers' Salary among the parts against which the judgment was rejected prior to remand, and dismissed both the Plaintiff's appeal and the Defendant's remaining

Therefore, since the remaining part of the Plaintiff’s claim for remuneration except for the part on the claim for remuneration related to the provision on the annual salary contract for teachers is finalized by the judgment of remand, only the part on the claim for remuneration related to the provision on the annual salary contract for teachers is subject to the judgment of this court.

2. Determination on a claim for remuneration related to the provision on the annual salary contract system for teachers

A. Basic facts (1) The Defendant only revised the regulations on the remuneration of the teaching staff and the annual salary contract of the teaching staff on August 30, 201 and “the teaching staff”.

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