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(영문) 수원지방법원 안산지원 2018.11.29 2018가단56995
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. On January 1, 2016, the Plaintiff was released from position on October 11, 2016 due to the Plaintiff’s act of assaulting female employees while serving as the head of the Seoul Southern District Headquarters on February 6, 1992. After the Plaintiff was indicted, the Plaintiff was released from position on the ground that “the Plaintiff constitutes a person who was prosecuted for a criminal case” was changed on December 29, 2016.

B. Upon the judgment of conviction of the Plaintiff, the Defendant held a personnel committee as to the Plaintiff and decided to dismiss the Plaintiff on October 13, 2017.

Article 3 (Definitions) The terms used in this Regulation shall be defined as follows:

1. The term "wages" means basic annual salary, performance-based incentives, and statutory allowances for executives, and for employees, the basic annual salary, performance-based incentives, and statutory allowances;

2. The term "basic annual salary" means, in cases of executive officers, an amount to be paid in the relevant year regardless of their achievements, and in cases of executive officers, it means the standard wage and the job classification wage;

Provided, That in cases of non-standing directors among executives, it means allowances prescribed by the Guidelines for Remuneration of Executives of Public Institutions.

3. The term "performance-based annual salary" means a performance-based bonus (or a performance-based bonus) for executive officers, and an evaluation wage and a performance-based bonus for executive officers;

However, the performance-based incentives shall not apply to non-standing directors.

4. The term "legal allowances" means overtime work allowances and annual leave allowances;

9. The term "standard monthly amount" means the amount calculated by multiplying an amount equivalent to 1/12 of the standard monthly amount by a certain ratio, as specified in attached Table 1;

Article 12 (Remuneration of Person Subject to Disciplinary Action or who is released from Position) (1) The remuneration of a person subject to disciplinary action shall be as follows:

1. Suspension: 80% of the monthly standard during the period of suspension from office;

2. Salary reduction: 90% of the monthly amount of base during the salary reduction period, 50% of the assessed salary, and 2. A person subject to a disciplinary action shall be the following periods:

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