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(영문) 춘천지방법원원주지원 2017.08.17 2016가합6558
보수금 등 청구의 소
Text

1. The Defendant’s KRW 51,535,134 as well as the Plaintiff’s annual rate from December 13, 2016 to August 17, 2017, and the following.

Reasons

Basic Facts

The defendant is a school juristic person that establishes and operates a C University (hereinafter referred to as the “instant University”) under its control.

On February 27, 2009, the Plaintiff entered into an appointment contract with the Defendant (hereinafter “instant appointment contract”) and was appointed as the president of the instant university.

On January 18, 2014 and February 23, 2014, the Defendant notified the Plaintiff that “the president of the Plaintiff had already expired as of February 28, 2013, the president of the Plaintiff did not enter into a re-contract between the Plaintiff and the Defendant, and there was no plan to re-contract in the future, and thus, the Defendant demanded the Plaintiff to retire as of February 28, 2014.” The Defendant notified the Plaintiff of the purport that “as of February 28, 2014, as of February 28, 2014, whether the Plaintiff wishes to serve as the full-time professor of the instant university pursuant to Article 6(3) of the Employment Contract.”

Upon resolution of the board of directors on September 4, 2014, the Defendant requested the teachers' disciplinary committee to make a resolution on disciplinary action against the Plaintiff, and on September 12, 2014, issued a disposition of removal from position against the Plaintiff, and thereafter ordered D to act on behalf of the president.

On November 11, 2014, the Plaintiff submitted to the Defendant a letter of resignation stating that “to resign from the president for personal reason.”

[The appointment contract of this case] Article 3 (Period of Service) B (referring to the plaintiff; hereinafter the same shall apply) shall be five years from March 1, 2009 to February 28, 2013.

Article 4 (Remuneration for Services) (1) The remuneration for Eul shall be the amount of KRW 150,000,000 per annual salary ( KRW 150,000) divided by twelve months, and shall be paid on the 25th day of each month.

Provided, That each school year shall be reflected in the annual salary in consideration of the increase in the general price level.

(2) The performance-based incentives B shall be a total of 20% of the basic salary, and the payment criteria shall be 20% of the basic salary for the following three years, 90% of the basic salary for the recruitment of students, 10% of the basic salary for the recruitment of students for at least 90% after three years, and 10% of the basic salary for graduates for at least 90% of their employment.

(3) To provide accommodation to facilitate the performance of duties of the head of agency referred to in paragraph (1).

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