학칙무효확인 등
1. Of the judgment of the court of first instance, the part of the claim for nullification of the content of school regulations is revoked, and the lawsuit in this case regarding the revoked part.
1. The following facts do not conflict between the parties or may be found in full view of the purport of the entire pleadings in Gap evidence Nos. 2 to 6, 8, 11, 15 (including the numbers of serial numbers; hereinafter the same shall apply), Eul evidence Nos. 1 and 10.
1) The Plaintiff and the Defendant’s employment contract was concluded with the educational foundation operating C University. The Plaintiff is a professor specializing in Korean music at C University. 2) On March 1, 1993, the Plaintiff was appointed as a full-time lecturer at D University, a telegraph of C University, and on March 31, 2009, the Defendant and the Defendant concluded a contract for employment with the Plaintiff during the period of service from April 1, 2009 to March 31, 2015, and was appointed as a full-time professor at the above university.
3) On June 25, 2015, the Defendant rendered a disposition to refuse reappointment to the Plaintiff on the grounds that the number of students enrolled in the Korean music major of C University is below the number. Accordingly, the Plaintiff filed a petition review with the Appeal Committee for Teachers on July 29, 2015, and the said claim was accepted on September 23, 2015. Accordingly, the Defendant reappointed the Plaintiff as of December 30, 2015, retroactively from December 30, 2015. (iv) The main contents of the Regulations on the Appointment of Teachers of C University are as follows:
Teachers whose term of appointment expires pursuant to Article 22 (Re-Appointment of Teachers) of the Regulations on Appointment of Teachers of C University shall be reappointed by the president on the recommendation of the president after deliberation by the teachers' personnel committee.
Article 22-2 (Examination and Evaluation of Teaching Staff for Re-Appointment) (1) Teachers subject to re-election shall have teaching experience in accordance with the standards for recognition of the regulations on evaluation of teaching staff.
Article 22-3 (Notification of Re-Appointment) (1) An appointment authority shall notify the relevant teacher of the fact that the term of appointment expires 4 months prior to the expiration of the term of appointment when the term of appointment expires, and that he/she may apply for deliberation on re-election.
(2) Where a teacher notified pursuant to paragraph (1) intends to be reappointed, he/she shall deliberate on such reappointment within 15 days from the date of notification.