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(영문) 인천지방법원 2017.05.24 2015가단250535
임금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff worked as a fixed-term teacher from February 4, 2009 to August 31, 2015 at B elementary school under the jurisdiction of the Defendant (hereinafter “instant school”).

B. The Plaintiff had worked in the instant school from 1977 to 2005 as a faculty member for about 19 years and 8 months, which was before the Plaintiff worked in the instant school, and was salary class 27 as of 2009, but was not subject to the pension payment.

C. On February 4, 2009, the Plaintiff entered into a contract with the pertinent school on February 4, 2009 (hereinafter “instant contract”) and the main contents related to remuneration are as follows.

Article 5 (Method of Payment of Salary and Salary) (1) The salary class of B shall be 14, and the income tax and the national pension, etc. shall be withheld under the conditions as prescribed by Acts and subordinate statutes.

In such cases, the definition and promotion of salary grades of B shall be governed by the remuneration regulations for public officials.

(5) B shall not demand any remuneration other than that prescribed by this contract.

(7) Matters concerning the remuneration of B shall be governed by the Public Officials Remuneration Regulations and the Public Officials Allowance Regulations.

Article 13 (Other Conditions of Employment)

1. The provisions concerning the personnel and service of public educational officials provided for in the State Public Officials Act, the Public Educational Officials Act, etc. shall apply mutatis mutandis to matters not stipulated in the above contract

At the time of the renewal of the employment contract and the contract, the Plaintiff delivered to the school of this case the seal necessary for the preparation of the contract, etc., and the assistant principal C of the school of this case shall attach the Plaintiff’s seal to the letter of employment contract, the letter of consent stating that “the Plaintiff consents to the contract of fixed-term class 14 during the pertinent period (hereinafter referred to as “instant letter of consent”),” and the letter of confirmation stating that “the Plaintiff wishes not to raise any objection because he wishes to be appointed at his own expense when he is given salary class 14 on the appointment of fixed-term teachers (hereinafter referred to as “instant letter of confirmation”), and then, one copy of the letter of appointment and the letter of consent shall be delivered to the Plaintiff, and the above letter of consent and the certificate shall be delivered to the Plaintiff.

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