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(영문) 부산지방법원 2020.08.19 2019나59653 (1)
임금
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. The Defendant is a school foundation that establishes and operates C University, etc.

B. The Plaintiff was commissioned as a part-time lecturer from September 1, 1993 to February 28, 2014 at C University, and was appointed as a part-time lecturer in English and American literature. From March 1, 2014 to February 29, 2016, the Plaintiff was demoted as a part-time lecturer and retired from the office.

C. From February 1993 to February 2, 2014, the Plaintiff was demoted for 2 to 12 hours a week during each semester. From January 2016 to 1, 2017, three hours a week during the second semester, and six hours a week during the second semester in 2016.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 6, Eul evidence 1 to 3, the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff’s assertion 1) The contractual work hours per week of 36 semesters among the 45 semesters in which the Plaintiff worked as a part-time lecturer is not less than 15 hours, including the lecture hours per week and the preparation hours for lectures. As such, the Defendant is obligated to pay the Plaintiff a retirement allowance of 12,696,147 won during the said period. (ii) The Defendant is a human being of the literacy-in government.

The defendant is obligated to pay to the plaintiff KRW 22,50,000 for bonuses and annual allowances of KRW 22,50,000 for the above 45 semester, and for other allowances, by applying the standard of “the same wage as the previous professor for the above 45 semester.”

B. Defendant’s assertion 1) The monthly lecture hours of February 2017, which is the Plaintiff’s last semester, are limited to three hours, and the contractual work hours per week, including the total work hours, by deeming the preparation hours for lectures as double the total work hours as the Plaintiff’s assertion, as double the total work hours per week, does not exceed 15 hours. Therefore, the Defendant is not obliged to pay retirement allowances under the proviso to Article 4(1) of the Guarantee of Workers’ Retirement Benefits Act, even if the Plaintiff is obliged to pay retirement allowances to the Defendant, as such, falls under the grounds for exemption from the payment of retirement allowances under the proviso to Article 4(1).

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