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(영문) 서울행정법원 2016.01.08 2015구합7944
교원소청심사위원회결정취소
Text

1. On April 8, 2015, the Defendant filed a claim for revocation of revocation of reappointment between the Plaintiff and the Intervenor joining the Defendant.

Reasons

Around February 1993, the Plaintiff was appointed as an assistant professor of the C University established and operated by the Intervenor joining the Defendant (hereinafter referred to as the “ Intervenor”) on March 30, 1998, with a doctorate in English and English at the Elified Women’s University on February 1993 (the traditional religious art department at C University to which the Plaintiff belongs was named as the religious art department on March 2, 2001; the religious art department was reorganized into the religious art department on March 2, 2002; the religious art department (the religious art major, the art major); and the religious art department was transferred into the religious art department on March 2, 2002; and was transferred to the D University on March 1, 2008).

The plaintiff was reappointed as an assistant professor for a fixed period of two years on March 1, 2001 and March 1, 2003. On March 1, 2005, the plaintiff was reappointed as an associate professor for a fixed period of two years.

On November 1, 2006, the intervenor notified the plaintiff on November 1, 2006 that he will be dismissed from office on the expiration date of the period of reappointment without going through a separate review procedure for reappointment against the plaintiff.

Accordingly, the Plaintiff filed a lawsuit against the Intervenor against the Seoul Central District Court Decision 2008Gahap5037, Nov. 1, 2006, which confirmed that the Intervenor’s refusal to resign is null and void, and the above court rendered a judgment on July 15, 2010 to the effect that the Intervenor’s refusal to resign is null and void.

Although the intervenor appealed against the above judgment (Seoul High Court Decision 2010Na75527), the appellate court also confirmed that the intervenor's refusal to resign on November 1, 2006 was null and void, and the intervenor's appeal (Supreme Court Decision 2012Da78177) was dismissed on May 29, 2014.

Accordingly, on September 22, 2014, the Chairperson of the Cuniversity’s Personnel Committee notified the Plaintiff of research performance, etc. in order to conduct the procedures for review of reappointment for the Plaintiff. On December 10, 2014, the said Teachers Personnel Committee decided not to re-appoint the Plaintiff on the ground that the Plaintiff failed to meet the standards for reappointment. On December 16, 2014, the president of Cuniversity notified the Plaintiff of the results of the Teachers Personnel Committee, while notifying the Plaintiff of the results thereof.

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