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(영문) 대구지방법원 안동지원 2018.11.29 2018가합3288

교수지위 확인청구

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On September 1, 1995, the Plaintiff was employed as an electronic engineering and full-time lecturer at C University established and operated by the Defendant (hereinafter “Defendant University”).

On December 31, 2003, the Plaintiff was appointed as an assistant professor of the IT electronic engineering department at the Defendant’s university, and on September 1, 2005, the Plaintiff was reappointed as an assistant professor of the IT electronic engineering department. On April 1, 2006, the Plaintiff was appointed as an associate professor of the electronic engineering department and moved to the department of the railway driving control, but was appointed as a professor of the railway driving control department on March 1, 2012.

B. On November 14, 2017, the Plaintiff filed an application for review of reappointment with the Defendant, and on December 26, 2017, the Defendant notified the Defendant that the Plaintiff will not be reappointed on the ground that “the research paper for teaching profession evaluation will produce zero points, which falls short of the requirements for the claim for reappointment” (hereinafter “instant disposition of refusal for reappointment”).

Article 9 (Period of Appointment, etc.) (1) The period of appointment of newly appointed teachers shall be two years.

(2) The tenure of a teacher newly appointed for a term of two years shall be as follows:

1. Professor: A teacher who falls under any of the following subparagraphs shall be naturally dismissed during the period determined by age limit or contract:

4. When not reappointed, a teacher, the term of appointment of which expires in Article 27, shall be subject to reappointment;

Article 28 (Time for Re-Appointment) The time of reappointment of teachers shall be March 1 and September 1 of each year.

Article 29 (Period of Reappointment) The period of reappointment of teachers shall be as follows:

4. Professor (Guarantee of Retirement Age): Article 30 (Requirements and Criteria for Re-Appointment) (1) In order for a teacher to be reappointed, he/she shall request the following appointment within the term of appointment of the current class:

to meet the requirements of this section.

Provided, That where the period of evaluation is different from the following table, the points converted into the (annual standard points x the period subject to evaluation) shall apply:

(2) Summary of demanding performance of research papers

A case shall apply to a person subject to normal evaluation of teaching services.

(3) September 1, 2015.