[2] The case holding that, in a case where the drama director of the Korean National University of Arts established under the Decree on the Establishment of the Korean National University of Arts was appointed and held as the president of the Korean National University of Arts for a four-year term of office and resigned before the termination of the president’s term of office, barring special circumstances such as resignation of professor at the time of the appointment of the president, he shall not lose

[2] The case holding that, in a case where the drama director of the Korean National University of Arts established based on the Decree on the Establishment of the Korean National University of Arts was appointed and held as the president of the Korean National University of Arts for a term of four years and resigned before the termination of the president’s term of office, barring special circumstances such as the resignation of the professor at the time of the appointment of the president, it does not lose his/her position as a professor, and it does not mean that he/she retired from the president during his/her term

Article 21 of the Decree on the Establishment of Korean National University of Arts provides that "Except as otherwise provided in this Decree, the status and status of teachers working at a Korean National University of Arts shall be governed by the Acts and subordinate statutes related to education, except as otherwise provided in the Decree on the Establishment and Operation of National University of Arts."

However, even though the Korean Decree on the Establishment of the Korean University of Arts (hereinafter “the Korean Decree on the Establishment of the University of Arts”) separates the president and faculty members of the Korean University of Arts (hereinafter “the University of Arts”), it does not stipulate whether professors, etc. maintain their status as professors if they are appointed as presidents while in office. Article 14 of the Higher Education Act is divided into the president or dean as the principal of a school, and other professors, associate professors, assistant professors, assistant professors, and full-time instructors (hereinafter “Professor, etc.”) but there is no clear provision about whether the Educational Officials Act separates the procedures for appointment such as the head of a university and teaching faculty, and maintains their status as professors when professors, etc. are appointed as the head of a university

However, Article 43 of the Public Educational Officials Act does not unfairly interfere with the professional position or status of a university (paragraph (1)). No public educational official shall be retired temporarily from office, demoted, or dismissed against his/her will without any disciplinary action or any other ground prescribed by this Act (paragraph (2)). There is no express provision that the status of a university is strict, and where a university professor is appointed as the president of the university, etc. under the Public Educational Officials Act, it would be against his/her will to lose his/her position. Article 24 (4) (paragraph (5)) of the Public Educational Officials Act is amended by Act No. 5207 on December 30, 196 to ensure that the head of the university, who is the head of the university, has become the head of the university, to whom he/she would naturally lose his/her position as a professor before the expiration of the term of office, unless he/she is appointed as the head of the university, despite the provisions of Article 25.

Recognizing the reasoning of the first instance judgment, the lower court acknowledged the fact that the Plaintiff was appointed as the president of an art school for four years (from March 1, 2006 to February 28, 2010) of his term of office on March 1, 2006 while he was promoted to and served as professor on October 1, 2004, based on the Decree on the Establishment of the Korean University of Arts, which was established by the Defendant on March 1, 1997. The lower court recognized the fact that the Plaintiff was appointed as the president of an art school on March 1, 2006, while he was employed as the president of an art school, and the Plaintiff was employed as the president of an art school on May 19, 2009, before the president’s term of office expires.

Examining these facts in light of the aforementioned legal principles, even if the Plaintiff was appointed as the president while serving as the professor of the Arts School, barring special circumstances, such as the Plaintiff’s resignation from the professor, it does not lose the professor’s position, and it does not change on the ground that the Plaintiff retired from the position of the president during the Do without completing the president’s term of office.

Nevertheless, under the premise that a professor, etc. is naturally disqualified as the head of the relevant university while in office, the lower court determined that the Plaintiff, who is subject to the Public Educational Officials Act, as a professor of an art school, which is a higher educational institution under Article 2 subparagraph 7 of the Higher Education Act, has naturally lost his/her former faculty position by being appointed as the president who is the head of the relevant university. In so determining, the lower court erred by misapprehending the legal doctrine on Article 24 (5) of the Public Educational Officials

Therefore, without examining the remaining grounds of appeal, the judgment of the court below is reversed, and the case is remanded to the court below for further proceedings consistent with this Opinion. It is so decided as per Disposition by the assent of all participating Justices.

Justices Lee In-bok (Presiding Justice)