해임처분무효확인
1. It is confirmed that the Defendant’s dismissal on April 4, 2018 against the Plaintiff is null and void.
2. The costs of the lawsuit are assessed against the defendant.
1. Basic facts
A. On March 1, 2014, the Plaintiff entered into an employment contract with the Defendant who operates an educational institution, including C University, for a three-year period from March 1, 2014 to February 28, 2017, and worked as an associate professor belonging to the Defendant C University Information Graduate School.
B. The Plaintiff applied for review of reappointment to the Defendant four months prior to the expiration of the above term of appointment.
The defendant set the term of appointment for the first associate professor in accordance with Article 16 (2) 3 of the Regulations on the Personnel Management of Teaching Staff for five years, but the plaintiff was reappointed for the plaintiff (hereinafter referred to as "the appointment contract of this case") on the ground that the plaintiff is scheduled to investigate the Ethical Human Rights Commission for one year from March 1, 2017 to February 28, 2018.
C. On October 1, 2017, the four months prior to the expiration of the term of appointment at issue, the Plaintiff again filed an application for review of reappointment to the Defendant.
The defendant decided on December 22, 2017 that the term of employment from March 1, 2018 to February 28, 2019 shall be one year from February 28, 2019 and the plaintiff shall be reappointed.
On January 2, 2018, employees of C University Information Graduate School sent to the Plaintiff e-mail stating that “The above graduate school will sign the original appointment contract after receiving the original appointment contract.”
However, on February 28, 2018, the Plaintiff did not sign the above appointment contract, and withdrawn the application for reappointment to the Defendant on February 28, 2018, and notified the Defendant that the instant appointment contract will be terminated upon the expiration of the appointment period (hereinafter “instant notification of rejection of reappointment”).
E. Meanwhile, based on the results of deliberation by the Ethical Human Rights Commission and the Teachers’ Personnel Committee, on December 21, 2017, the Defendant changed the Plaintiff’s trade name to “A Co., Ltd.” E on January 19, 2015, and “F of a Co., Ltd.” on February 18, 2016.
hereinafter referred to as "the corporation of this case"
A. From 2014, the corporation is concurrently holding a position as a substantial manager of the corporation and is holding a position outside the office of teacher.