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(영문) 서울중앙지방법원 2014.09.19 2014나22382
기성회비 연구수당 반환
Text

1. The plaintiff's appeal is dismissed.

2. The plaintiff's selective claims added in the trial are dismissed.

3. Appeal.

Reasons

1. Facts of recognition;

A. 1) The Plaintiff is currently at C University (hereinafter “C”).

26,000 won (i.e., the total amount of 226,00 won for 1 semester dues of KRW 56,500 for 2 semester dues of KRW 1 semester, 2013) as the representative of the Committee for Promotion of Return of Maternal Membership Fees (i.e., the number of 16,500 for 1 semester dues of KRW 169,50 for 2 semester). From September 29, 2010 to September 29, 2010, the Defendant (i.e., the president) served as the ex officio director of the C already served as

On the other hand, C is a national university established under Article 1 and Article 2 of C University Decree and Article 5 of the Higher Education Act, and is subject to guidance and supervision by the Minister of Education.

B. From October 18, 2010 to October 29, 2010, the Minister of Education (hereinafter “the Minister of Education, Science and Technology at that time”) conducted a comprehensive audit on the overall C affairs. The fact that the former president of the Defendant newly established the items of research promotion grants and administrative improvement research expenses in the annual budget of accounts, and paid a total of KRW 6,130,000 to the faculty and staff from October 2007 to October 201.

On December 31, 2010, the Minister of Education notified C of the audit results that “The foregoing item violates Article 9 of the Regulations on the Accounting of Non-National Treasury of the National University, thus suspending payment thereof, and preventing students from newly establishing personnel expenses allowance, which is a factor of raising membership fees.”

C.1) Since then, the president and the executive officer of C, the Defendant, upon receiving a report from the general secretary and the staff in charge of the payment of administrative improvement research expenses, on the abolition of the administrative improvement research expenses in accordance with the above audit results in relation to the formulation of the budget for the accounts of the sexual society in 2011, ordered the Defendant to prepare an alternative other than the abolition of the research expenses. (2) On January 14, 2011, the Defendant’s general secretary and the staff members, upon the Defendant’s order, reported “the research promotion subsidy and the improvement of the payment method of the employee’s administrative improvement research expenses” to the School Affairs Committee on the first proposal.

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