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(영문) 서울서부지방법원 2015.05.12 2014가단235199

약정금

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. A. Around September 1, 2004, the Defendant was newly appointed as an assistant professor of the Korean Language Department of C University affiliated with the Plaintiff, and was employed until February 28, 2014, after being promoted as a regular professor on September 1, 2012.

B. Around September 19, 2012, the Defendant filed an application for a research year with the purport to conduct a research for one year from March 1, 2013 as the subject of “Metaptoy”’s research on the Si Education Utilization Act. Around October 2012, the Defendant obtained permission from the total head of C University for a research year.

C. Around January 24, 2014, the Defendant submitted to the president of C University a resignation, was dismissed from office as of March 1, 2014, and was in office as a professor of D University from March 1, 2014.

The relevant parts of the Plaintiff’s Professor Research Year Regulations (hereinafter referred to as the “Rules of this case”) are as follows.

Article 7 (Treatment) (1) A teacher of Korean university shall continue to hold his/her status for a period of research.

(2) The research year period shall not be reduced by the number of years of service as the basis for promotion and reappointment.

(3) The remuneration for the research year shall be paid by reducing a certain amount.

Provided, That the president shall separately determine detailed matters.

Article 8 (Duty) (1) A research-year teacher shall return to the Korean university immediately after the end of the agreed research year.

(2) A faculty member of a research year shall work for the Korean university for a period equivalent to three times the research year after his/her return.

(3) Each faculty member of a research year shall submit a report on the results of research within one month at latest after his/her return and shall submit research performance records that show the details of his/her research report within two years.

Provided, That the research performance shall meet the criteria for examination for promotion referred to in attached Table 2 of the Enforcement Rule on the Personnel Management of Teaching Staff, and one shall be submitted on his/her responsibility.

(4) No teacher who has failed to submit research records shall apply for post-research years.

Provided, That the number of years of service for the next research year of a teacher who submits research performance after the period for submission shall be research performance.