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(영문) 대구고등법원 2017.11.29 2017나21306

면직처분무효확인 등

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1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. The reasoning of the court's explanation concerning this case is as follows, and the part concerning the reasoning of the judgment of the court of first instance other than the part concerning "the judgment on the claim for the confirmation of the employment period of 3." is as stated in the part concerning the judgment of the court of first instance. Thus, it is acceptable in accordance with Article 420 of the Civil Procedure Act.

(A) The court shall not have any difference in its findings of fact and judgment in the first instance, even if all additional arguments and evidence are considered as a whole.

3. Determination on the application for the confirmation of employment period

A. The summary of the parties' assertion 1) The period of service of private school teachers is to be determined by a contract in the Private School Act, etc. The defendant unilaterally amended the articles of incorporation and the personnel management regulations for school teachers on June 30, 2015, and then decided the period of employment for the plaintiff in accordance with the revised regulations on the personnel management of electrical energy and computer engineering, which is the department belonging to the plaintiff, for the reason that the recruitment suspension is the subject of recruitment suspension. Since there was no agreement between the plaintiff and the defendant on the reduction of the period of employment, the part regarding the term of employment for the plaintiff in the instant disposition of re-employment as one year is null and void, and the plaintiff shall be deemed to have been appointed for

B. In addition, the Defendant’s articles of incorporation and teachers’ personnel management regulations fall under the rules of employment prescribed in Article 93 of the Labor Standards Act, and the amended articles of incorporation and teachers’ personnel management regulations change the term of appointment of associate professors and teachers belonging to the department of suspension of recruitment constitutes disadvantageous changes to the working conditions under the rules of employment and did not go through such procedures despite the consent of the majority of teachers belonging to the Cuniversity. Therefore, the instant disposition of re-election

Therefore, the part regarding the appointment period of the plaintiff during the disposition of re-employment is null and void, and the plaintiff is prior to the amendment.