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(영문) 대구지방법원경주지원 2017.09.14 2016가합2925

학과폐지무효확인

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Defendant established and operated a C University educational foundation, and the Plaintiff was appointed as a full-time lecturer at C University Computer Information Engineering Department on March 1, 1998, and served as a computer information engineering and associate professor.

B. On October 1, 2010, the Defendant was dismissed against the Plaintiff, but the lower judgment became final and conclusive on February 1, 2013, as the Defendant’s appeal and final appeal were all dismissed on November 4, 201, from the Plaintiff’s claim suit (Tgu District Court racing Support 2010Gahap1449) to confirm the invalidity thereof.

C. In accordance with the judgment of confirmation of invalidity of dismissal as above, the Defendant revoked the dismissal disposition against the Plaintiff on May 31, 2013 following the resolution of the board of directors on May 30, 2013, and issued a personnel order to order the Plaintiff to appoint the Plaintiff as C University Computer Information Engineering and associate professor, but did not take any particular measures thereafter. However, the Defendant issued a personnel order to the Plaintiff on June 10, 201, which was dismissed on September 10, 201 and dismissed on the expiration of the term of appointment.

Accordingly, the Plaintiff filed a lawsuit against the Defendant to seek confirmation of invalidity of a disposition rejecting re-election, etc., and the Daegu High Court rendered a ruling on December 30, 2015, stating that “A disposition rejecting re-election against the Plaintiff on August 31, 2011 by the Defendant against the Plaintiff is null and void” (Seoul High Court 2015Na22749). The said ruling on recommending reconciliation was finalized on January 21, 2016.

E. On December 29, 2015, the Defendant ordered the Plaintiff to be reappointed as an electrical energy computer engineering and an associate professor on a one-year basis from March 1, 2016 to February 28, 2017.

F. On May 11, 201, the Defendant opened the Fourth Restructuring Committee, and passed a resolution to change the name to the name of the Electric Energy and Computer Engineering Division by integrating the computer information engineering and the Electric Energy and Electronic Engineering, and thereafter, attached Table 201 of the Regulations.