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(영문) 서울행정법원 2011.09.23 2010구합46326

교원소청심사청구기각결정취소

Text

1. The plaintiff's claim is dismissed.

2. The costs of the lawsuit, including the part resulting from the supplementary participation, are all assessed against the Plaintiff.

Reasons

1. Details of the decision;

A. On March 1, 1999, the Plaintiff was newly appointed as a full-time lecturer at C University established and operated by the Intervenor joining the Defendant (hereinafter referred to as the “ Intervenor”) and was promoted as an assistant professor on April 1, 2001. On September 1, 2004, the Plaintiff was reappointed as an assistant professor. The period of reappointment was from September 1, 2004 to August 31, 2007.

B. On February 28, 2007, the Intervenor notified the Plaintiff of the disposition of dismissal on the ground that the department to which the Plaintiff belongs (D at the time) was abolished, the Plaintiff filed a petition for review seeking revocation of the disposition of dismissal, and the Defendant rendered a decision to revoke the disposition of dismissal against the Plaintiff on the ground that on June 18, 2007, the Defendant rendered a decision to revoke the disposition of dismissal against the Plaintiff on the ground that “The disposition of dismissal following the abolition of the department constitutes a case where the discretionary authority was abused or abused because it did not take a proper

C. The intervenor appealed against the defendant's above decision and filed an administrative litigation with the Seoul Administrative Court No. 2007Guhap33962, Jun. 12, 2008; however, the intervenor appealed with Seoul High Court No. 2008Nu18702, Apr. 22, 2009; however, the intervenor appealed with Supreme Court Decision No. 2009Du7677, Jul. 23, 2009.

Accordingly, on April 1, 2010, the intervenor notified the Plaintiff of the approval for the recovery of the former teacher’s status from March 1, 2010 to August 31, 2010, with the remaining six months of the appointment (from March 1, 2007 to August 31, 2007).

E. On April 26, 2010 and April 30, 2010, the president of the Cuniversity sent a notice of expiration of the term of appointment and a notice of review of reappointment to the Plaintiff by registered mail or content certificate (it is returned due to the Plaintiff’s refusal to receive the transfer). On May 11, 2010, the president sent e-mail and transfer to the Plaintiff with the same content (the transferred e-mail received by the Plaintiff, and the e-mail received by the Plaintiff), and on May 17, 2010, the Plaintiff sent the documents of review of reappointment to the intervenors with content certificate.

F. On June 14, 2010, the Intervenor is a teacher personnel committee while the Plaintiff attends the meeting.