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(영문) 대구지방법원경주지원 2015.07.10 2015가합83
재임용거부처분무효확인 등
Text

1. It is confirmed that the Defendant’s disposition rejecting the reappointment of the Plaintiff on August 31, 201 against the Plaintiff is null and void.

2. The defendant.

Reasons

1. The following facts may be found either in dispute between the parties or in full view of the respective entries in Gap evidence Nos. 1, 2, 3, 7, 8, 10, 11, and 12 (including paper numbers) and the whole purport of the pleadings:

The defendant is a school juristic person that establishes and operates the racing university.

B. Since the Plaintiff was appointed as a full-time lecturer in the Btechnical department at the race University on March 1, 1998, the Plaintiff was employed as a full-time lecturer and was employed as an assistant professor on March 29, 2005 as an associate professor at the Ctechnical Department during the employment period from April 1, 2005 to March 31, 201, and thereafter the Plaintiff’s affiliation was changed to B engineering.

However, Article 30(1) of the Regulations on the Personnel Management of Teaching Staff enacted by the Defendant’s Articles of Incorporation provides that the last day of the semester to which the expiration date belongs shall be deemed to be the expiration date of the term of appointment. Therefore, the Plaintiff’s expiration date of the term of appointment shall be August 31, 201, the last day of the 201 semester to which March 31, 201 belongs.

C. On January 12, 2010, the President of the Department of Education of the Racing University notified the Plaintiff of a written request for promotion examination and an application for appointment of teachers guaranteeing retirement age as a new shipment on April 2010. On January 22, 2010, the Plaintiff submitted a written request for promotion examination and an application for appointment of teachers guaranteeing retirement age to the racing University.

On October 1, 2010, the defendant dismissed the plaintiff.

Accordingly, the Plaintiff filed a lawsuit against the Defendant in Daegu District Court for the confirmation of invalidity of the above dismissal disposition (2010Gahap1449). On November 4, 2011, the above court affirmed that the Defendant’s above dismissal disposition is null and void (hereinafter “the judgment of confirmation of invalidity of dismissal”), and the above judgment became final and conclusive on January 24, 2013.

E. According to the judgment of confirmation of nullity of dismissal, the Defendant revoked the dismissal of the Plaintiff on May 31, 2013 following the resolution of the board of directors on May 30, 2013, and ordered the Plaintiff to the racing University B technology and the associate professor until March 1, 201, which is the expiration date of the term of appointment.

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