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(영문) 서울고등법원 2015.12.01 2015누55198
기간제교원보수청구
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. Details of the disposition;

A. On March 2, 2012, the Defendant, while serving as a teacher, concluded an employment contract with the Plaintiff that retired from office by setting the contract period from March 1, 2012 to February 28, 2013 (hereinafter “instant employment contract”), and defined the Plaintiff’s salary class as 14.

B. On August 26, 2014, after the termination of the instant employment contract, the Plaintiff filed an application for correction of the Plaintiff’s salary grade on the ground that “It is difficult for the Defendant to correct the Plaintiff’s salary grade from 14 to 35, retroactively to the time of the instant employment contract, and the Defendant demanded the Defendant to correct the Plaintiff’s salary grade from 35, retroactively to the time of the instant employment contract, and pay additional remuneration therefrom,” which was in force at the time of the instant employment contract on August 26, 2014 (hereinafter “instant disposition”).

[Reasons for Recognition] Unsatisfy, Gap evidence 2, 3, Eul evidence 2 and 3

2. The Defendant, at the time of the instant employment contract, filed the instant lawsuit after the lapse of at least two years from the date on which the Plaintiff became aware of the erroneous determination of the salary grade against the Plaintiff. Thus, the instant lawsuit is deemed unlawful on the grounds that the period for filing the lawsuit exceeds the period for filing the lawsuit.

However, the instant lawsuit does not seek revocation of the disposition of defining salary grades against the Plaintiff, but sought revocation of the disposition of refusal to correct salary grades issued by the Defendant against the Plaintiff on September 5, 2014, and it is evident that the Plaintiff filed the instant lawsuit on September 15, 2014, which was 90 days before the date of the said disposition.

Therefore, the above defense is without merit.

3. Determination as to the illegality of the instant disposition

A. Guidelines for the operation of contracting teachers at elementary and secondary schools as alleged by the Plaintiff

Ⅱ. 2. A.

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