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(영문) 광주지방법원 2020.12.17 2019나59447
채무부존재확인
Text

On August 9, 2017, upon the claims of the Plaintiffs and the Plaintiff (Counterclaim Defendant) added in this Court, the Defendant (Counterclaim Plaintiff) on August 9, 2017.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. The Defendant is a school juristic person operating K University located in the Mineyang-si, and Plaintiff A, B, and C are those who work as a professor and nursing for the said university, and Plaintiff D, F, G, and H are those who were employed as professors of the same department and retired after the end of August 2017.

B. From the year 2017, the system was modified to allow only graduates of “universities who obtained certification in the evaluation of certification of nursing education” to take the national nurse examination.

Accordingly, the Department of Nursing at K University prepared to obtain certification from L in 2014 and maintained the quality of certification in the first half of the year of 2014, and obtained conditional certification in the nursing education evaluation for two years from June 11, 2015 to June 10, 2017. On March 3, 2017, it confirmed that the curriculum-related items are insufficient in the nursing education evaluation for the first half of the year of 2017 after receiving the supplementary evaluation for the certification, and the remaining one year (from June 11, 2017 to June 10, 2018) was required to obtain conditional certification in the second half of the year of 2017.

C. On the ground of financial deterioration, the Defendant, on the ground of the reduction of 50% of the principal salary out of the wages of July 2017, notified the Plaintiffs (including the Plaintiffs) to claim the payment of “capacity Development Expenses” on July 2017, when there was a deviation from the faculty, such as the retirement of the nursing faculty.

On July 28, 2017, the Plaintiffs held the Nursing and Steering Committee to request the school to provide 50% of the principal salary of each professor with the teaching capacity development costs.

The Defendant shall provide the Plaintiff A, who participated in the preparation of a report on the evaluation of the certification of nursing education on August 9, 2017, in accordance with the disbursement decision for the items for the payment of various teachers' allowances among the teachers' fees in the accounts of school expenses, with KRW 1,728,700 and Plaintiff.

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