재임용거부처분무효확인등
1. On March 1, 2014, the Defendant confirmed that the disposition rejecting reappointment made against the Plaintiff on March 1, 2014 is null and void.
2.(a)
The defendant is against the plaintiff.
Basic Facts
The relationship between the parties concerned is a school foundation that establishes and operates the Maman University (hereinafter referred to as the “Defendant University”).
The plaintiff is a teacher who was reappointed on March 1, 2010 while serving as a new full-time lecturer in the department B of the defendant college on March 1, 2008 and was employed as an assistant professor on July 22, 2012.
On December 11, 2013, the Defendant notified the Plaintiff that he would be present at the Teachers’ Personnel Committee and explain the decision that he is inappropriate to be reappointed.
Accordingly, on December 27, 2013, the Plaintiff appeared at the teachers' personnel committee meeting and stated his/her opinion on the determination of inappropriate reappointment to the Plaintiff.
On December 31, 2013, the Defendant notified the Plaintiff that “the Plaintiff was dismissed from reappointment as of March 1, 2014, as the Plaintiff did not meet 15 points of “the counseling guidance items for the student guidance field” under Article 11(2) of the Regulations on the Evaluation of Teachers’ Duties.”
(4) A person who is authorized to appoint and dismiss a teacher pursuant to Article 53-2 (3) of the Private School Act (amended by Act No. 13938, Feb. 3, 2016) shall notify the relevant teacher of the fact that the term of appointment expires not later than four months prior to the expiration of the term of appointment and that he/she may apply for deliberation on reappointment (referring to notification in writing; hereafter the same shall apply in this Article).
(5) Where a teacher who is notified pursuant to paragraph (4) intends to be reappointed, he/she shall apply for deliberation on reappointment to the person entitled to appoint and dismiss within 15 days from the date of receipt
(6) A person who is entitled to appoint and dismiss an application for deliberation on reappointment under paragraph (5), shall determine whether to re-appoint the relevant teacher after deliberation by the teachers' personnel committee under Article 53-3, and the appointment period expires.