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(영문) 대구지방법원 2016.03.30 2015가합205943
호봉정정등
Text

1. The defendant shall enter the plaintiff's salary class in the "request salary class" list of the attached salary class 1 as the corresponding salary class.

Reasons

1. Basic facts

A. On September 16, 1987, the Plaintiff was an employee of the Yong-Namnam University and was currently working in Yong-Namnam University B University C. The Plaintiff was subject to disciplinary action on July 25, 2005.

B. Pursuant to Article 24(1)1 of the Regulations on the Personnel Management of the Employees of Yong-Namnam University, the Defendant school juristic person restricted the Plaintiff’s salary grade for one month from July 25, 2005 to August 24, 2005, and the period of restriction on the promotion of salary pursuant to Article 24(1)2 from August 25, 2005 to August 24, 2005, and did not include the said period in the Plaintiff’s salary grade for 12 months from August 25, 2005 to August 24, 2006.

C. If the above period that was not included in the period of the Plaintiff’s salary grade is included in the period of the Plaintiff’s salary grade, the salary grade of the Plaintiff from September 2006 to August 2015 is as indicated in the “request salary grade” in the attached Table 1 attached hereto, and the said additional salary grade and allowances that the Plaintiff was entitled to receive from September 2006 to August 2015, according to the corrected Plaintiff’s salary grade, are as stated in the corresponding amount in the “written claim” in the attached Table 2.

The articles of incorporation and personnel regulations of the defendant school foundation related to the calculation of the period of salary grade for the plaintiff shall be as specified in attached Table 3.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 5, purport of whole pleadings

2. Determination

A. First of all, we examine whether the calculation of the salary grade period for the plaintiff of the defendant school foundation is justifiable in determining the amount of the salary grade for the plaintiff of the defendant school foundation. ① When a teacher is subject to a disciplinary action, the provision on the personnel management of teaching staff of the Yong-Namnam University cannot be promoted for a certain period of restriction (Articles 36 and 51). (Articles 36 and 51 explicitly stipulate that the restriction period is not to be included in the period of a raise in salary (Article 52). On the other hand, the personnel management regulations of the Yong-Namnam University may be promoted for a certain period of restriction

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