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(영문) 대전고등법원 2016.08.25 2015나14523

직권면직처분 무효

Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

. The applicant submitted an application to wish, but submitted on March 14, 2009, a written request to convert to the early childhood education department, special education department, and the wedding industry department.

However, the defendant presented the conditions as shown below, and rejected the plaintiff's application for conversion assignment.

[Attachment 2] 1 Re-determination and major preparation - Status and remuneration preparation in Korea or in foreign countries for two to three years in accordance with the headquarters and the opinion of the department wishing to be converted: After deliberation by the Teachers Personnel Committee (2 to three years) at least 70% of the promotion limitation/united major preparation for 70% of the promotion limitation/united major (2 to three years), the provisional transfer of the change to the department is to be made to the department to be affiliated with the department through evaluation, etc. after the transition for three years is determined. (2) Change to the department to be a lifelong education university - Change to the position to be affiliated with the lifelong education university - Determination at the level of 70% of the promotion limitation/united remuneration for three years (based on the results) * The Plaintiff submitted an application and plan to convert the department to the Defendant on December 17, 2009, which was rejected by the Defendant.

On January 18, 2010, the Plaintiff submitted to the Defendant an application and a plan for the transition of the department that the Plaintiff wishes to be converted into the child care department.

However, on January 25, 2010, the C University Child Care Department submitted to the defendant a written opinion with the following contents:

[Attachment 3] Whether to accept the conversion into a department: Non-family reasons - the number of lessons for four professors is appropriate. The current subjects for foreign lecturers are limited to mainly artistic subjects, such as music, sports, art, and recreation, and they are commissioned only to almost child-care centers and professional instructors with field experience to cultivate the practical ability of students, one "child art" if the plaintiff takes charge of the subjects of the child-care department.