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(영문) 서울고등법원 2013.02.01 2012나53255

청구이의

Text

1.The judgment of the first instance shall be modified as follows:

The Seoul High Court (Seoul High Court) handed down on November 4, 201.

Reasons

1. Basic facts

A. On March 1, 1986, the Defendant was newly appointed as a full-time lecturer at C junior college (aC junior college was integrated with CU and the name of a school was changed to AU), which was operated by the Plaintiff’s CK (hereinafter “Plaintiffs”), and was reappointed twice on March 1, 1988, and on March 1, 1990, as the president of the university until February 28, 191, and was assigned as a full-time lecturer at CU’s industrial management department from March 1, 1991 to October 1, 1991 and was promoted as an assistant professor on February 28, 1995. < Amended by Act No. 4370, Feb. 28, 1995>

B. From February 10, 1995 to March 20, 1995, the term of appointment of the defendant expired, the plaintiff held a personnel committee and the board of directors. The defendant disclosed a list of the names related to the defendant's entrance and dismissal of the plaintiff, and decided not to re-appoint the defendant on the ground that the plaintiff's student as well as the plaintiff's students, graduates, and parents' loss and decentralization, and damaged their dignity as professors. The plaintiff notified the defendant on March 30, 1995.

(hereinafter referred to as “decisions rejecting the first appointment”)

Since then, when the Special Act on the Relief of Persons Disqualified for the Appointment of Faculty Members (hereinafter “Special Act on Remedy”) was enacted on July 13, 2005 by Act No. 7583, and came into force on October 14, 2005, the Defendant filed an application for reexamination of reappointment with the Special Committee on the Appeal for Teachers under the Ministry of Education and Human Resources Development (hereinafter “Special Committee”) on October 14, 2005 based on the above Act, and the Special Committee rendered a decision to revoke the first decision to reject the reappointment on February 28, 2006.

Accordingly, the plaintiff filed a lawsuit against the Special Committee against revocation of the first decision to refuse reappointment as Seoul Administrative Court 2006Guhap20730, but the above court rendered a judgment dismissing the plaintiff's claim on November 3, 2006 on the ground that the first decision to refuse reappointment was illegal, and the above judgment was the Seoul High Court for Appeal by the plaintiff.