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(영문) 서울중앙지방법원 2014.04.25 2013가합75675

재임용거부처분무효

Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

Basic Facts

A. The term of the contract was set as two years from March 1, 2001 to February 28, 2003, and was appointed as the Dongnam University Department B C and an assistant professor with the operation of the defendant.

B. On December 26, 2002, at the expiration of the term of appointment of the Plaintiff, the teachers’ personnel committee under the Defendant’s jurisdiction reviewed whether to renew the contract by taking into account the following: (a) the faculty evaluation of the Plaintiff, the results of lectures evaluation, the opinion of major professors, etc., at the attendance of 13 of the 14 incumbent members.

The results of the examination are as follows: ① The achievement evaluation score satisfies the standard rule, but the points in the research sector fall short of the standard rule; ② The lecture evaluation score in the 2001 to the 2002 to the 1 semester is equivalent to the average of 88% (57 out of the 61st semester) of the 3 semester; ③ all professors do not want to re-contract with the plaintiff; ④ the assistant instructors and the principal of the student, etc. are filed with the president jointly signature the plaintiff’s misconduct.

Accordingly, on December 27, 2002, the Defendant notified the Plaintiff of the result of the review by the teachers’ personnel committee (which became aware of the re-examination) and rejected the appointment of the Plaintiff on March 1, 2003 (hereinafter “instant refusal disposition”).

C. On April 25, 2003, the Plaintiff filed a lawsuit against the Defendant seeking confirmation of professor status as Seoul District Court 2003Gahap31379 on April 25, 2003, but was sentenced to the judgment against which the claim was dismissed on August 28, 2003.

The appeal filed by the Plaintiff as Seoul High Court No. 2003Na63205 was dismissed on February 16, 2005, and the appeal filed as the Supreme Court No. 2005Da16041 was dismissed on July 6, 2006 and the above judgment became final and conclusive.

The Plaintiff was enacted by the Special Act on the Relief of Persons Disqualified for Fixed-Term Faculty Members (hereinafter referred to as the “Special Act on Remedy”), and on October 14, 2005, below the Special Committee on the Examination of Appeal against Teachers by the Ministry of Education and Human Resources Development.