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(영문) 서울서부지방법원 2018.04.26 2017가합38952
재임용탈락결정무효확인
Text

1. On September 1, 2015, the Defendant confirmed that the decision to dismiss the reappointment made against the Plaintiff on September 1, 2015 is invalid.

2. The costs of the lawsuit are assessed against the defendant.

Reasons

(b)be appointed as assistant professors in the department of politics and diplomacy of the relevant social science university;

The plaintiff was reappointed as an assistant professor in September 2008 and September 2010, respectively.

B. In September 2012, the Defendant promoted the Plaintiff as an associate professor, and added the term of appointment to three years from September 1, 2012 to August 31, 2015, and added the following conditions (hereinafter “instant conditions”) to each of the following conditions (hereinafter “instant conditions”).

1. Standards for reappointment prescribed by detailed rules for the evaluation of teachers' services:

2. Publication in one international grade 1 thesis or two international grade 2 thesis;

3. The above international thesis to be published shall be not more than three official seals or a single thesis.

4. The above international thesis must be a regular thesis that has undergone a strict review (other than Clomenn, Critics, Norms, Common References, etc.)

5. The above international thesis is excluded from international publication in Korea.

6. Three years after the date of review for reappointment, no conditional reappointment may be allowed unless he/she passes this criteria. * The international thesis will be excluded from essential research business in the examination for promotion of regular professors.

C. On September 1, 2015, the Defendant rendered a decision rejecting the reappointment of the Plaintiff on the ground that the Plaintiff failed to meet the requirements for publication in Part I or II of the International First Grade 2 among the instant terms and conditions (hereinafter “decision rejecting the reappointment”) upon the Plaintiff’s reappointment.

[Reasons for Recognition] Facts without dispute, Gap evidence 6, Eul evidence 18, the purport of the whole pleadings

2. Relevant provisions;

(1) Article 53-2 (Appointment and Dismissal of Teachers other than the head of a school) of the Private School Act (Amended by Act No. 13936, Feb. 3, 2016) (3) Faculty members of a college educational institution may determine and appoint terms and conditions of a contract, such as period of service, salary, conditions of service, achievements, and performance agreements, as prescribed by the articles

In such cases, the relevant provisions applicable to the faculty of national and public universities shall apply mutatis mutandis to the period of service.

(4) The provisions of paragraph (3).

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