해임무효확인 등
1. The Defendant’s dismissal disposition against the Plaintiff on May 8, 2017 confirms that the dismissal disposition is invalid.
2. The defendant shall be the plaintiff.
(a) 174,770.
1. Basic facts
A. On March 1, 2007, the Defendant is a school foundation that has established and operates C University, and the Plaintiff was appointed as a full-time lecturer at C University Art University, beauty design professor, and then was promoted to the assistant professor on April 1, 2009 and the associate professor on April 1, 2013.
B. On October 14, 2014, the Defendant dismissed the Plaintiff on the grounds of “unfaithful operation of class, class supplies, use of teaching materials, experiment and practical training expenses, filing of a complaint by student representatives, etc.”
(A) On October 29, 2014, the Plaintiff filed a petition with the Appeal Commission for Teachers seeking revocation of the above dismissal. On January 7, 2015, the Appeal Commission for Teachers decided to change the above dismissal disposition to a disciplinary action for three months of suspension on the ground that “Partial of the grounds for the disciplinary action is recognized as a justifiable ground and the disciplinary discretion was unduly excessive and abused.”
Although the plaintiff and the defendant filed a lawsuit seeking revocation of the above decision, each court of first instance (Seoul Administrative Court 2015Guhap64794, 2015Guhap60938) rendered a judgment dismissing the plaintiff's claim on January 21, 2016.
Although the plaintiff and the defendant appealed against each other, each appellate court (Seoul High Court 2016Nu34716, 2016Nu34693) rendered a judgment dismissing the defendant's appeal on August 16, 2016, and each appellate court rendered a judgment dismissing the plaintiff's appeal on September 7, 2016.
The Defendant appealed against the judgment dismissing the appeal, but the court of final appeal (Supreme Court Decision 2016Du50150) dismissed the Defendant’s appeal on December 1, 2016.
C. On February 21, 2017, the president of Cuniversity proposed a disciplinary action against the Plaintiff, and the Defendant’s board of directors held on the same day resolved that the teachers’ disciplinary committee be organized to deliberate and decide on the disciplinary case against the Plaintiff. D.
On March 31, 2017, the Defendant requested the Teachers' Disciplinary Committee to decide on a disciplinary action against the Plaintiff, and notified the Plaintiff on the same day.
(e)be held on May 2, 2017;