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(영문) 서울행정법원 2018.04.20 2017구합70380

교원소청심사위원회결정취소

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Details of the disposition;

A. On September 1, 200, the Plaintiff was appointed as an associate professor at a college of medical science, and was promoted as an associate professor on September 1, 2004.

On March 1, 2011, the Plaintiff was reappointed on February 28, 2017.

B. From November 11, 201 to December 2, 2011, the president of the B university wanting to be appointed as a faculty member of B university converted into a national university pursuant to Article 5 of the Addenda to the Act on the Establishment and Management of B university (Act No. 10413, Dec. 27, 2010; hereinafter “Annexed Rule of the C law”) and Article 3(1) of the Addenda to the Enforcement Decree of the Act on the Establishment and Management of B university, a national university (Presidential Decree No. 23116, Sept. 6, 2011; hereinafter “Annexed Rule of the C law”) to be appointed as a faculty member of B university converted into a national university. On the other hand, if the president does not wish to be appointed as a faculty member of B university converted into a national university corporation, he/she would have a public official belonging to the Ministry of Education for five years and would wish to appoint a faculty member of B university.

C. On December 1, 2011, the Plaintiff expressed to the president of the National University, who did not wish to be appointed as a teacher of the National University B as a national university. D.

In December 28, 2011, B University was established by the Act on the Establishment and Management of B University, a national university (hereinafter “C Act”), and the Plaintiff was dispatched to B University as a public official belonging to the Ministry of Education from December 28, 201 to December 27, 201, pursuant to Article 5(3) of the Addenda to C Act and Article 3(1) and (2) of Addenda to C Act.

E. On December 26, 2016, based on Article 70(1)3 of the State Public Officials Act, the Defendant notified the Plaintiff that the Plaintiff was punished by ex officio dismissal on December 28, 2016, based on the deliberation and resolution by the ex officio dismissal review committee and the Special Disciplinary Committee on Public Educational Officials.

hereinafter referred to as "the case."