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(영문) 서울행정법원 2014.07.10 2013구합24808

폐과면직처분취소

Text

1. The plaintiff's claim is dismissed.

2. The costs of the lawsuit shall be borne by the Plaintiff, including the part resulting from the supplementary participation.

Reasons

1. Details of the disposition;

A. The Plaintiff is establishing and operating C University.

B. The Intervenor was newly appointed on March 1, 1997 as C University Environment Industry and Full-time Instructors, and was promoted to the associate professor on January 1, 2006.

An intervenor has been transferred to the pet animal management division as the environmental engineering division has been abolished, and the intervenor has been employed from around 2003 to February 28, 2012 as C University pet animal management and professor.

C. After the registration of new students of the pet animal management division was low, the president of the Cuniversity promulgated the school regulations that abolish the pet animal management division on September 13, 2010 after deliberation by the Committee for Educational Affairs, the board of trustees, and the board of trustees. The Plaintiff did not recruit pet animals management and new students from the year 2011.

On February 26, 2013, the Plaintiff: (a) on February 26, 2013, the Intervenor provided the opportunity for full-time animal management and the registered students (including temporary students) belonging to the Department of Full-Time (including temporary students) with an opportunity for full-time education, but did not grant approval or application; (b) examined whether it is possible to teach similar subjects in the university and whether it is possible to be transferred to a D University affiliated with the same legal entity; (c) on the ground that the Plaintiff was dismissed due to the absence of a similar department

(hereinafter referred to as "disposition of dismissal"). (e)

On June 24, 2013, the intervenor appealed against the disposition of dismissal and filed a request for review of the appeal, and the defendant made a decision to revoke the disposition of dismissal on the ground that it cannot be deemed that the plaintiff made efforts such as conversion and placement to avoid dismissal. Thus, the disposition of dismissal was revoked (hereinafter “instant disposition”) on the ground that it constitutes a case of deviation or abuse of discretionary power.

[Ground of recognition] Each entry of Gap evidence Nos. 1 through 18, 76, 78, Eul evidence Nos. 1 and 1, and the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff asserted that the Intervenor requested conversion to the clinical pathology department of C University and the complete plant protection department of D University.

The plaintiff shall be the clinicalology of C University and the director of D University.