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(영문) 서울중앙지방법원 2014.11.13 2013가합17020
급료 등
Text

1. The defendant shall be the plaintiff.

A. The sum of KRW 263,576,664 and the corresponding amount indicated in the column in the attached Table is the same.

Reasons

1. Basic facts

A. The Defendant is a school foundation that establishes and operates C University (hereinafter “instant University”).

On March 1, 2003, the Plaintiff was newly appointed as a regular professor at the pertinent university. On December 8, 2005, the Plaintiff was reappointed as a professor guaranteeing retirement age (from March 1, 2006 to August 31, 2018). On March 1, 2006, the Plaintiff was appointed as the president of four-year term of office, and returned to the university after completing the president’s term of office on February 28, 2010.

B. On February 17, 2011, the Defendant held a board of directors on March 8, 201, and the process of the relevant lawsuit. The Defendant notified the Plaintiff on March 8, 201, that “the Plaintiff was deprived of the teaching position due to the expiration of the term of appointment on February 28, 2010.” The Defendant notified the Plaintiff on March 8, 201, that “the Plaintiff was deprived of the teaching position due to the expiration of the term of appointment on February 28, 2010” (hereinafter “the primary dismissal disposition”).

(2) On April 6, 2011, the Plaintiff filed a petition review with the Teachers’ Appeal Committee. The said Committee accepted Plaintiff’s assertion and rendered a decision to revoke the first dismissal disposition on September 5, 201.

Therefore, although the Defendant filed a lawsuit seeking the revocation of the said revocation by Seoul Administrative Court 201Guhap35460, the Defendant was ruled against May 25, 2012, and the appeal on December 13, 2012 (Seoul High Court 2012Nu18051) and May 9, 2013 (Supreme Court 2013Du161) were all dismissed, and the said judgment became final and conclusive.

C. On August 31, 2012, the Defendant held the board of directors on May 31, 2012 and deliberated and resolved on a proposal for a disciplinary decision against the Plaintiff due to the following disciplinary reasons. On June 12, 2012, the Defendant decided to dismiss the Plaintiff on August 17, 2012. The Defendant notified the Plaintiff of the details of the disciplinary decision on August 31, 2012 (hereinafter “the second dismissal disposition”).

1. Disciplinary reasons No. 1.

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