재임용거부처분취소결정의 취소 청구
1. On October 15, 2014, the Defendant filed a claim for revocation of rejection disposition against reappointment between the Plaintiff and the Intervenor joining the Defendant.
Details of the disposition
The plaintiff is a school foundation that establishes and operates the Seoul Arts University.
The Intervenor joining the Defendant (hereinafter “ Intervenor”) was a teacher newly appointed to the Seoul National University of Arts on March 1, 2004, and the last period of his appointment was from September 1, 2013 to August 31, 2014.
On May 1, 2014, pursuant to Article 53-2 (4) of the Private School Act and Article 10-2 (1) of the Plaintiff’s Personnel Management Regulations, the president of the Seoul Arts University notified the Intervenor that the Intervenor’s expiration date of the period of reappointment may file an application for deliberation on the termination of the period of reappointment with the Intervenor, and the Intervenor filed an application for deliberation on the reappointment with the president on the 15th of the
(Article 53-2(5) of the Private School Act and Article 10-2(2) of the Plaintiff’s Regulations on the Personnel Management of Faculty Members. According to Article 10(1) of the Plaintiff’s Regulations on the Personnel Management of Faculty Members, in order for a teacher to be reappointed, the average scores within the employment period of 70 or more out of the results of the evaluation of teachers’ work performance shall be at least 70. On June 12, 2014, the teachers’ personnel committee calculated the teachers’ work performance evaluation scores from September 1, 2013 to August 31, 2014, the Intervenor’s employment period from September 1 to August 31, 2014
On June 27, 2014, the Plaintiff's board of directors decided to reject the Intervenor's reappointment on the ground that the Intervenor's evaluation scores are still less than 70 points on the basis of the Intervenor's explanatory materials.
On June 30, 2014, the Plaintiff notified the intervenors of their refusal to be reappointed.
On July 29, 2014, an intervenor filed a petition for review of an appeal under Article 53-2(8) of the Private School Act and Article 9(1) of the Special Act on the Improvement of Teachers' Status against the Defendant. On October 15, 2014, the Defendant rendered a decision to revoke the disposition of rejection of re-election on the ground that the Plaintiff's disposition of rejection of re-election was illegal (hereinafter referred to as "instant disposition").