직위해제처분 무효확인 등
1.Paragraph 2 of the order of the judgment of the court of first instance shall be amended as follows upon a request made by a change in the trial.
(e).
1. The reasoning for the judgment of this court in this part is that the reasoning for the judgment of this court is identical to the corresponding part of the reasoning for the judgment of the first instance, except for the following parts, and thus, it is acceptable in accordance with the main sentence of Article 420 of the Civil
[Attachment] Part 6-2 of the 6th page 2 of the 6th page “At present (2014Guhap51975).” The case was appealed on September 4, 2015, and then the case was pending in Seoul High Court 2015Nu62394.”
The 6th 6th 3rd son's "at the same time as he/she files an administrative litigation".
2. The plaintiff's assertion
A. The first removal from position is null and void in light of the following: ① the document stating only the personnel provision that the Defendant’s ground for the second removal from position did not explain to the Plaintiff, ② the Defendant notifies the Plaintiff of the above removal from position only after the initial date of the removal from position has already passed; ③ although the Private School Act provides matters regarding the appointment and dismissal of teachers as the matters deliberated and resolved by the board of directors, the first removal from position was made without the resolution of the board of directors regarding the removal from position, and was made in the name of the principal state of the Defendant’s university, not the Defendant.
In addition, the Defendant dismissed the Plaintiff on the ground of Article 28(2)1 of the Personnel Regulations, but the Plaintiff cannot be deemed to fall under “a person who lacks ability to perform his duties or whose performance is extremely poor,” such as continuously being evaluated higher for several years in the evaluation of his achievements conducted by the Defendant University. Therefore, the first removal from position is null and void without any reason for removal from position.
B. The claim for confirmation of invalidity of the second removal from position is only abstractly stated in the statement of guidance on removal from position (Evidence A No. 2) sent by the defendant to the plaintiff, such as “unfaithed attitude of work and breach of duty to comply with the provision.”