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(영문) 대전지방법원 2016.09.29 2016구합553
보수감액보상등의 교원소청심사위원회 각하결정처분의 취소
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Details of the decision;

A. On March 1, 1998, the Plaintiff is a person appointed as a full-time lecturer at C University (title after modification: D University) established and operated by C University B (hereinafter “B”) on March 1, 1998, who has been promoted as an associate professor on October 1, 2006 and currently served until now.

B. B maintained the salary system under which the sum of salaries and various allowances according to the annual salary class in the column of public order by the year of 1998 with respect to the teacher’s salary system, and the salary system was newly established and implemented from March 1, 1999 to pay benefits according to the annual salary that reflects the results of the immediately preceding year of the teacher.

C. On December 1, 2014, the Plaintiff filed a lawsuit against B to pay the Plaintiff the difference between the amount of wages calculated by reflecting the salary increase and inflation rate from December 1, 2011 to November 2014, and the amount of wages actually paid by the Plaintiff and the delay damages (Yanju District Court Decision 2014No. 152537).

In the above case, the court did not apply the changed annual salary system to the plaintiff who received wages under the salary grade system for the plaintiff who had been paid wages under the salary grade system, since some teachers could be reduced in the case of changing the salary system from salary grade system to the annual salary system by performance evaluation, such amendment is disadvantageous to the rules of employment, and thus shall obtain the consent of teachers by collective decision-making method. In the case of the enactment and implementation of the above provision on the payment of annual salary in the performance rate system, since C University did not obtain the consent of teachers under the collective decision-making method on the retroactive application of the provision on the payment of annual salary rate system independently and independently from teachers, the changed annual salary system cannot be applied.

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