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(영문) 서울고등법원 2020.05.01 2018나2029359
면직처분무효확인 등
Text

1. Paragraphs 2 and 3 of the judgment of the court of first instance, including a claim modified by this court, are as follows.

Reasons

1. In the first instance trial, the Plaintiff filed a claim for confirmation of invalidity of the ex officio dismissal disposition on March 1, 2016 against the Defendant, and for compensation for considerable wages before and after the period of dismissal.

The court of first instance accepted the claim to nullify the invalidity of the ex officio dismissal on March 1, 2016, and partially accepted the claim for damages.

With respect to the claim for nullification of the above claim, the defendant who lost in the first instance court did not appeal (the defendant appealed against this part, but withdrawn the appeal through the legal brief dated October 29, 2018) was excluded from the scope of the trial of this court.

Therefore, the subject of adjudication by this Court is limited to the claim for damages.

2. The reasoning of the judgment of this court cited in the judgment of the court of first instance is as follows: (a) the Plaintiff was reinstated by a full-time teacher assignment on June 20, 2018; (b) the Plaintiff was cited in accordance with the main sentence of Article 420 of the Civil Procedure Act, except for the case where the first class No. 4 through No. 29 of the judgment of the court of first instance was used as follows; and (c) the part which was used by the court of first instance as of March 3, 200 regarding the claim for remuneration reduced in accordance with the Rules on the Allowances for Teachers and Staff of this case (main claim)

A. The Defendant’s Rules on the Remuneration of Teachers and Employees amended on March 30, 2012, as follows, are null and void due to a serious defect in the amendment process for the following reasons. As such, the Defendant is obligated to pay to the Plaintiff the sum of the remuneration reduced in accordance with the Rules on the Remuneration of Teachers and Staff from March 2013 to February 2016, including the sum of the remuneration to be paid by the Plaintiff during the period from March 2013 to June 2016, the sum of KRW 138,636,270 (the sum of the remuneration to be paid by the Plaintiff during the period from March 2016 to June 2018) of the remuneration to be paid by the Plaintiff.

1 The defendant shall present an explanatory meeting on March 28, 2012 on the amendment of the Rules on the Allowances of Teaching Staff.

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