총장후보자 공모처분 무효확인등
1. All of the lawsuits against the Defendants of the Plaintiff A University, Jeon Soo-chul, shall be dismissed.
2. Plaintiffs B, C, and D are the Defendants.
Basic Facts
The Plaintiff University’s status as a party is an organization consisting of full-time professors pursuant to Article 8 of the School Regulations of A University. Plaintiff B is the professor of the Plaintiff University and the representative of the Plaintiff Faculty. Plaintiff C and D are professors of the Plaintiff University.
Defendant A University’s president (hereinafter “Defendant A University president”) enacted Article 3(2) of the School Regulations on August 8, 2012, that “The selection of general candidates shall be made by means other than election, and matters relating thereto shall be determined separately.” On December 28, 2012, in order to determine matters concerning the selection of candidates for president appointment, the provision on the selection of candidates for president appointment of A University (hereinafter “Rules on Selection”) and the Enforcement Rule of the Regulations on the Selection of Candidates for President of A University (hereinafter “Enforcement Rule”) respectively (hereinafter “Enforcement Rule”).
On September 11, 2015, the president amended the Selection Regulations and the Enforcement Regulations as follows:
(hereinafter referred to as “instant amendment”). Article 5(3) of the amended Selection Regulations (excluding candidates for the president of a school who invited and recommended through the Elementary Committee) on September 11, 2015, enacted on December 28, 2012, the applicants for the president of a university (excluding candidates for the president of a school who invited and recommended through the Elementary Committee) shall pay a certain amount of money to the Foundation of the A University Development Fund within the period of receipt of the application.
Detailed matters concerning payment, such as the amount of development funds, shall be separately determined by the president.
Article 6 (3) of the Selection Regulations shall pay 15 million won to the Foundation of A University Development Fund within the period of receipt of the application.
The candidate in Article 2 (3) of the Enforcement Rule shall pay 30 million won to the A University Development Fund Foundation within the period of receipt of the application, and this Fund shall not be returned regardless of the resignation or the result of a public invitation.
Article 2 (3) of the Enforcement Rule shall apply to the Foundation of A University Development Fund of KRW 15 million within the period of receipt of the application.