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(영문) 서울중앙지방법원 2015.02.12 2014가합24100

재임용거부처분무효확인등

Text

1. Of the instant lawsuit, the part of the instant lawsuit seeking nullification of the disposition refusing to promote positions and the disposition refusing to appoint a retirement age is both.

Reasons

1. Basic facts

A. On March 1, 2002, the Plaintiff was newly appointed as a DNA associate professor at C University operated by the Defendant, and was promoted and reappointed as an associate professor on March 1, 2005, and was reappointed from March 1, 2009 until February 28, 2013.

B. On May 8, 2013, the C University Teachers’ Personnel Committee decided to deny both the Plaintiff’s position promotion, retirement age guarantee, appointment, and reappointment on the ground that the Plaintiff did not satisfy the research achievement of “not less than one Part of the published international academic paper” as prescribed in Table 2 of the Enforcement Rule of the Regulations on the Evaluation of Teaching Status during the evaluation period from January 1, 2005 to December 31, 2012. The president of C University notified the Plaintiff on June 28, 2013.

(4) The person who is authorized to appoint and dismiss teachers appointed pursuant to the provisions of paragraph (3) of Article 53-2 of the Private School Act shall notify the relevant teacher of the fact that his term of appointment expires not later than four months before the expiration of his term of appointment and that he may apply for deliberation on his reappointment (referring to written notice; hereinafter in this Article the same shall apply).

(7) In deliberating on whether the teachers' personnel committee is reappointed under paragraph (6), it shall be based on objective grounds, such as evaluation of the following matters, which are determined by school regulations:

In such cases, the teacher concerned shall be present at the teachers' personnel committee on the designated date and state his/her opinion or give him/her an opportunity to present his/her opinion in writing, within a fixed period not less

1. Matters concerning the education of students;

2. Matters relating to academic research; and

3. Part II of the Regulations on the Personnel Management of Teachers: Article 11 (Types and Functions of Teachers' Training Evaluation Committee) of the Teachers' Training Evaluation Committee of Section 1 of Chapter XI of the Regulations on the Personnel Management of Teachers.

1. Promotion and promotion;