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(영문) 서울행정법원 2020.07.16 2019구합62659
급여환수처분 부분취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Details of the disposition;

A. The Plaintiff is a state public official working at the Ministry of Agriculture, Food and Rural Affairs Headquarters B.

B. The plaintiff was temporarily laid off from July 20, 2002 to October 9, 2002, but was reinstated on October 10, 2002, and the defendant did not implement the re-determination of salary for the plaintiff.

C. Article 13(3) of the former Public Officials Remuneration Regulations (amended by Presidential Decree No. 20537, Jan. 9, 2008) pursuant to the delegation of Article 47(1)1 of the State Public Officials Act provides that “The public official’s salary class shall be elevated as of January 1, April 1, July 1, and October 1 of each year: Provided, That in the case of soldiers, it shall be elevated as of the first day of each month; however, Article 13(3) of the Public Officials Remuneration Regulations (amended by Presidential Decree No. 20537, Jan. 9, 2008) provides that “The public official’s salary class shall be elevated as of the first day of each month”.

Accordingly, on January 25, 2008, the defendant corrected the plaintiff's next salary grade (12 salary grade) from April 1, 2008 to February 1, 2008.

On February 1, 2009, the Plaintiff, who was an agricultural assistant (Grade VII) was at the 13th regular salary grade, and was promoted from the Agricultural Assistant (Grade VI) to the Agricultural Assistant (Grade VI) on May 27, 2009, and the Defendant, on May 27, 2009, determined the Plaintiff’s salary grade from Grade 13 to Grade 12 month based on the former Public Officials Remuneration Regulations (amended by Presidential Decree No. 24916, Dec. 11, 2013), etc. according to the Plaintiff’s promotion.

E. From September 3, 2018 to November 30, 2018, the Plaintiff temporarily retired from office, but returned to the Plaintiff on December 1, 2018. The Defendant discovered that the Plaintiff’s salary grade (Grade 20) was excessively included for six months in the process of re-fixing the Plaintiff’s salary grade, and Article 18(1) of the Public Officials Remuneration Regulations (amended by Presidential Decree No. 21391, Mar. 31, 2009) applied Article 18 of the former Public Officials Remuneration Regulations (amended by Presidential Decree No. 21391, Mar. 31, 2009) on December 4, 2018 but did not substantially change the contents thereof, and thus, it is not different.

Based on this, the plaintiff's salary class is reduced for six months.

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