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(영문) 서울동부지방법원 2016.10.20 2015가합103768

승진임용거부처분무효확인

Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. Facts of recognition;

A. The relationship 1) The Defendant is a school foundation that manages and operates the C University. 2) The Plaintiff was appointed as a lecture professor of C University on March 1, 2008, and was appointed as an assistant professor on March 1, 2010.

B. On March 1, 2014, the Plaintiff was included in the promotion of associate professors as of March 1, 2014, and the Cuniversity’s achievements evaluation committee notified the Plaintiff of the purport that “A university passed the evaluation of the achievements of teachers eligible for promotion on March 1, 2014.” 2) On January 23, 2014, the Cuniversity’s personnel committee for faculty members of the 286 Cuniversity held on February 12, 2014, passed the resolution on the proposal for the promotion of associate professors to the Plaintiff.

3) However, on February 13, 2014, the Department of Education of the C University requested the president of C University to: (a) the Plaintiff to be reappointed until February 28, 2017; (b) on February 14, 2014, the president of C University requested that the Plaintiff be reappointed until February 28, 2017; and (c) the Plaintiff be reappointed until February 14, 2014, when proposing the Defendant’s board of directors, the Plaintiff included the Plaintiff as an associate professor, not an associate professor, and (d) the Defendant Council passed a resolution on the agenda for personnel affairs of C University, including the content that the Plaintiff is reappointed as an assistant professor on March 1, 2014, which was held on the same day.

5) On February 24, 2014, C University announced a list of faculty members to be promoted on March 1, 2014 through a letter of approval for the issuance of personnel appointment on February 24, 2014, and the Plaintiff was not included in the above list (hereinafter referred to as “decision on the refusal of promotion”).

(C) Article 43 (Term of Office of the Head of a Voluntary School, etc.) (2) of the Articles of Incorporation shall be subject to deliberation by the personnel committee.