교수임용무효확인의소
1. The instant lawsuit shall be dismissed.
2. The costs of the lawsuit shall be borne by the Plaintiff, including the costs incurred by participation.
1. Basic facts
A. The Defendant is an educational foundation that establishes and operates the E University located in Pyeongtaek-si, and the Plaintiff is a professor in the nursing department at the E University from March 1, 201 to March 1, 201.
B. On February 2016, the Defendant appointed the Intervenor joining the Defendant (hereinafter “ Intervenor”) as professor in the Department of Nursing at E University. From around that time, the Intervenor was in office as professor at E University until that time.
(However, the Intervenor D was transferred to a professor of the Ministry of Culture on or around 2018). [Grounds for recognition] The fact that there is no dispute, Gap evidence Nos. 1 through 4, Eul evidence No. 8, Eul evidence No. 8, and the purport of the whole pleadings.
2. The Plaintiff’s assertion that the Defendant appointed the Intervenor as a professor in the nursing department around 2016 is invalid due to the following serious procedural defects.
As a professor of the nursing department, the Plaintiff seeks to verify the invalidity of the teaching appointment procedure against the Intervenor in order to enhance transparency and fairness in the recruitment procedure of faculty members at E University and to protect the learning right of students in the nursing department.
1) On February 2016, the Defendant: (a) refused to re-appoint a professor F in the nursing department, community nursing department, and community nursing department; and (b) requested F to revoke a disposition rejecting re-election to the Appeal Committee for Teachers; (c) prior to the final decision of the Appeal Committee for Teachers on the said disposition, the Defendant continued to appoint the intervenors as community nursing faculty members, and issued F’s successor. The procedure for the appointment of the intervenors as above may be filed with the Appeal Committee within 30 days from the date on which he/she becomes aware of the disciplinary action and other unfavorable measures against the will.