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(영문) 서울중앙지방법원 2018.09.11 2017나75714
임금
Text

1. The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.

The defendant.

Reasons

1. Basic facts

A. On March 1998, the Plaintiff related to the parties was appointed as a teacher of C University (title: D University at the time of appointment; hereinafter “C University”) operated by the Defendant and was promoted as an associate professor on October 1, 2006, and was appointed as an associate professor on March 1, 2013.

B. The Defendant’s provision on the payment of annual salary system was enacted and implemented a provision on the payment of annual salary system, which reflects the results of the teachers’ performance in the immediately preceding year from March 1, 1999, while maintaining the salary system based on the annual salary system by the year of 198.

C. A description of the implementation of the annual salary system and individual written consent, the defendant at the time of the teachers’ training conference held prior to the enactment of the provision on the payment of the annual salary system for the performance-based bonus on February 25, 199, explained the implementation of the annual salary system, and received individual written consent from teachers on March 199.

From April 2014 to March 2015, the Defendant paid the amount indicated in each payment column of the attached Table to the Plaintiff from April 2014.

In addition, the payment date of the defendant is the 17th day of each month.

[Ground of recognition] Facts without dispute, Gap evidence 6, 8, Eul evidence 8, Eul evidence 8, 9, 17, the purport of the whole pleadings

2. The parties' assertion

A. The annual salary system of performance-based incentives that the Plaintiff Defendant implemented falls under disadvantageous changes to the rules of employment, and thus null and void, and the contract of appointment was impliedly renewed due to the chain of employment following the Plaintiff’s promotion or reappointment.

Therefore, the Defendant calculated the amount of wages calculated by reflecting the raise in salary grade and the price increase rate from April 2014 to March 2015 (the monthly salary according to the Plaintiff’s salary grade according to the Plaintiff’s salary table according to the attached Table 12 of the Public Officials Remuneration Regulations, which was in force in each corresponding month, shall be the principal salary.

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