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1. The Defendant shall pay to the Plaintiff KRW 214,131,380 and the interest rate of KRW 15% per annum from November 28, 2018 to the date of full payment.
Reasons
1. Determination on the cause of the claim
A. 1) The Defendant is a school foundation that establishes and operates C University, and the Plaintiff is an associate professor at the above school from around August 15, 2008. 2) On November 20, 2015, the Defendant’s president abused his superior authority by taking advantage of the professor’s superior position and damaged the professor’s dignity (violation of Article 7 of the School Employees Service Regulations) demanded a disciplinary resolution against the Plaintiff, and subject the Plaintiff to removal from office.
3) On February 15, 2016, the Defendant’s teachers’ disciplinary committee resolved to dismiss the Plaintiff, and the Defendant dismissed the Plaintiff on March 4, 2016. 4) On March 30, 2016, the Plaintiff sought revocation of the dismissal from office to the teachers’ disciplinary committee, but the teachers’ disciplinary committee decided to dismiss the Plaintiff’s claim on May 18, 2016.
Accordingly, the plaintiff filed a lawsuit seeking revocation of the above decision of the Appeal Committee for Teachers, and the decision that the decision of the Appeal Committee for Teachers was revoked in the case where the defendant participated in the case.
(Seoul Administrative Court 2016Guhap73030.5) On August 27, 2018, the Plaintiff was reinstated as an associate professor of C University on August 27, 2018. [The fact that there is no ground for recognition, Gap evidence No. 1, Eul evidence No. 1 to 2, and the purport of the whole pleadings.
B. Determination 1) In a case where an employer’s unfair disciplinary action upon the Plaintiff’s occurrence of the obligation to pay wages is null and void or cancelled, the status as an employee continues during the period of such disciplinary action, and the failure to provide labor between them is attributable to the employer, and thus, an employee may file a claim for full payment of wages that may be received when he/she continued to work pursuant to Article 538(1) of the Civil Act (see Supreme Court Decision 2011Da20034, Feb. 9, 2012). According to the above facts of recognition, as long as the Defendant’s dismissal against the Plaintiff is null and void, a labor relationship between the Plaintiff