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(영문) 서울고등법원 2018.04.27 2017누77215

부당직위해제 및 부당교육훈련명령 구제재심판정 취소

Text

1. The defendant's appeal is dismissed.

2. Of the costs of appeal, the part resulting from the intervention is the Intervenor joining the Defendant.

Reasons

1. Basic facts

A. The party status 1) The Intervenor joining the Defendant (hereinafter “ Intervenor”)

(2) On December 28, 2011, Seoul National University Act (amended by Act No. 10413, Dec. 27, 2010; hereinafter “Seoul National University Act”) (hereinafter “Seoul National University Act”).

(2) The Plaintiff is a juristic person established to operate the Seoul National University, and employs approximately three thousand and two hundred full-time employees. (2) The Plaintiff is appointed as a public official in educational administration on March 1, 1994 and served as a faculty member belonging to the Seoul National University from October 11, 200 to December 28, 2011 established by the Intervenor and is deemed to have retired from a public official on December 28, 201 and been appointed as a part of the Intervenor’s faculty member, and is serving as the Intervenor’s staff member.

Article 5 (Special Cases concerning Appointment of Teachers and Staff) (1) The president of the former Seoul National University shall be divided into persons who are not to be appointed as faculty members of the Seoul National University at his/her own request.

(2) Any person who wishes to be appointed as a faculty member of the Seoul National University pursuant to paragraph (1) shall be deemed to be retired from office as a public official when the Seoul National University is established and appointed as a faculty member of the Seoul National University.

B. B, C, D, E, F research institutes, G, and H graduate schools, which were the institutions to which the Plaintiff was affiliated, before the Plaintiff requested the transfer of the Plaintiff to the Intervenor, from November 27, 2000 to February 4, 2010, prior to the appointment of the Intervenor, were requested for the transfer of the Plaintiff on four occasions at the following occasions.

On November 27, 200, the reason for requesting the transfer of the affiliated agency (work period) at the time of the request for the transfer of the affiliated agency B ( October 11, 2000 to August 31, 2001), notwithstanding the fact that there was several demands for correction in addition to the interview of the head of the agency due to the continuous dissatisfaction of all employees caused due to the defect of the worker's duty, the change of the agency is determined.