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(영문) 광주지방법원목포지원 2014.11.21 2013가단4096
임금
Text

1. The defendant shall pay to the plaintiff the amount of KRW 42,479,619 and KRW 39,902,232 from April 12, 2013 to the date of full payment.

Reasons

1. The Defendant, based on the claim, annually, pursuant to Article 5 of the Rules on the Determination of Salary, effective around 1996, with respect to the payment system of faculty members of the former University (Seoul National University), pursuant to the original Rule on the Determination of Salary Grades 5,

3. 1. The Plaintiff’s annual salary system from the year 200 to the date of implementation of the performance-based annual salary system, and the Plaintiff’s position as associate professor on March 198 before the enforcement of the above annual salary system, and the fact that the enforcement of the above annual salary system lacks the consent of a majority of the teachers by collective decision-making of the teachers, may be acknowledged by each of the statements in Gap 1, 8, 9, 11, 20, 20, 21, 1, 21, 21, 1 and 2. Accordingly, since the Defendant was cured of the procedural defect in the application of the above annual salary system through collective autonomous decision-making by the professor’s Council on July 15, 2010, the Plaintiff asserted that the annual salary system should be applied from the date of July 8, 2010 to the date of implementation of the above annual salary system, but it is difficult to apply the results of the Plaintiff’s prior decision-making process to the entire annual salary system.

The above defense is not accepted inasmuch as it is difficult to view that the participants of the above faculty conference voluntarily expressed their intent to consent to the annual salary system in a free state where the defendant's interference was excluded. On the other hand, there is no ground to apply the above annual salary system applicable to the amendment of the rules of employment disadvantageous to the plaintiff. Thus, the defendant is obliged to pay to the plaintiff the difference between the legitimate payment and the actual payment amount to be calculated on the basis of the previous salary system and the delay damages thereof. 2. The defendant is obliged to pay the plaintiff the difference between the reasonable payment and the actual payment amount to be paid and the delay damages.

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