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(영문) 수원지방법원 2014.10.14 2014가단23061
부당이득금반환
Text

1. The defendant shall pay 22,358,960 won to the plaintiff (appointed party) and the designated parties listed in the separate sheet.

Reasons

1. The facts following the facts may be acknowledged after compiling the whole purport of the pleadings in each entry in Gap 2-1 to Gap 4-5, Eul 1-1 to Eul 4-3.

The Plaintiff (designated parties, hereinafter referred to as the “Plaintiffs”) and the designated parties (including the Plaintiff) are the workers working at the C University operated by the Defendant, and the C Site of University Trade Union C (hereinafter referred to as the “Labor Union”).

Upon entering into a collective agreement in 2005 on August 31, 2005, the Defendant and the Trade Union agreed to pay 80% of the personal pension charges to the Plaintiff, etc. retroactively from March 1, 2005 (Article 51(2) of the Organization Convention); and on August 12, 2009, upon entering into a collective agreement in 2009, the Defendant paid 100% of the individual charges to the Defendant from March 1, 2010.

From March 2005 to October 2012, the Defendant paid the individual contributions by the Plaintiff, etc. as school expenses in accordance with the above collective agreement.

On December 7, 2012, the defendant conducted a special audit on the payment status of the individual contributions by the Minister of Education, which prohibits the payment of the individual contributions and demands the recovery of the school expenses already paid.

Article 29(6) and 29 of the Private School Act (Classification of Accounts) (1) The accounts of school juristic persons shall be classified into those of the schools established and operated by the defendant and those of the juristic person.

(2) Accounts belonging to a school referred to in paragraph (1) may be divided into accounts of school expenses and accounts of an affiliated hospital (limited to cases where an affiliated hospital exists), and the accounts of school expenses shall be divided into accounts of tuition fees and accounts of non-registered fees, and matters concerning revenue and expenditure of each account shall be determined by Presidential Decree, and donations, tuition fees, or other charges which a school has received shall be the revenue of school expenses and managed in a separate account.

(6) No income belonging to the accounts for school expenses under paragraph (2) shall be transferred or lent to other accounts.

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