주의처분 취소소송
1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Details of the disposition;
A. The Plaintiff is Jeonbuk University B and professor.
B. On May 2, 2016, the Defendant notified the Plaintiff of the fact that the Plaintiff filed an employee invention called “C” (Patent Application Number D and Patent Registration Number E) (hereinafter “instant invention”) and filed an application for registration under the personal name without reporting to the Industry-Academic Cooperation Foundation. In the future, the Defendant notified the Plaintiff of the fact that such case does not occur.
(hereinafter referred to as “instant caution”). C.
On May 14, 2016, the Plaintiff filed an administrative appeal with the Central Administrative Appeals Commission. On October 19, 2016, the teachers’ appeals review committee, to which the instant caution was transferred, dismissed the Plaintiff’s claim on the ground that it does not constitute a disciplinary action prescribed by the State Public Officials Act, but does not constitute an unfavorable measure because it does not constitute a direct change in the legal status of the Plaintiff.
[Reasons for Recognition] Unsatisfy, Gap evidence Nos. 1, 2, 11, 13, Eul evidence No. 5, the purport of the whole pleadings
2. Judgment on the defendant's main defense
A. The Defendant’s assertion of this case is merely a recommendation or guidance act that reflects the mistake and demands attention, and is not a disposition that is subject to administrative litigation, and thus, the instant lawsuit is unlawful.
(b) as shown in the attached Form of the relevant statutes;
C. An administrative disposition, which is the object of an appeal litigation, refers to an act of an administrative agency’s public law, which is directly related to the duty of rights of the people, such as ordering the establishment of rights or the burden of obligations with respect to a specific matter, or causing other legal effects, and an act which does not directly change legal status of the other party or other persons concerned does not constitute an administrative disposition that is the object of appeal
(Supreme Court Decision 2001Du10578 Decided May 17, 2002). Each description of evidence Nos. 2 and Nos. 6 through 10 can be acknowledged by adding the whole purport of the pleadings to the statement.