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(영문) 서울행정법원 2018.12.06 2018구합63488
직위해제 및 해임처분 취소결정 취소
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff, including the part resulting from the supplementary participation.

Reasons

1. Details of the decision;

A. The Plaintiff is a school foundation operating E University, etc.

The Intervenor joining the Defendant (hereinafter referred to as the “ Intervenor”) was appointed as a full-time lecturer at E University Management Department on March 1, 201, and was promoted as an associate professor on July 22, 2012, and as a associate professor on April 1, 2015, and was appointed as the position of the Head of E University General from March 1, 2012 to February 28, 2013, and was assigned to the position of the Head of E University General from March 1, 2013 to February 28, 2015.

B. The Plaintiff’s board of directors resolved on September 29, 2017, respectively, the proposal for removal from position and request for disciplinary action against the Intervenor. On October 11, 2017, the Plaintiff requested the Teachers’ Disciplinary Committee to take disciplinary action against the Intervenor on October 12, 2017 on the ground that the Plaintiff’s dismissal from position was based on the following reasons: (a) the period from October 12, 2017 to October 12, 2017 (hereinafter “instant removal from position”); and (b) on October 12, 2017.

C. On October 27, 2017, the Teachers’ Disciplinary Committee decided to dismiss the Intervenor on the grounds as follows. Accordingly, the Plaintiff dismissed the Intervenor on November 14, 2017.

(hereinafter “instant dismissal disposition” and “each of the instant dispositions” are referred to as “instant removal disposition.” In order to minimize confusion in the management of academic affairs of the Intervenor’s position for which severe disciplinary action is expected pursuant to Article 58-2(1)2 of the Private School Act and Article 44(2)2 of the Plaintiff’s Articles of incorporation, the Intervenor’s position is subject to removal from position from position from position from October 12, 2017 to the time of disciplinary action.

1) The payment of the F Vice-President’s benefits is made unfairly (hereinafter referred to as “the first disciplinary ground”).

) o 교원의 보수는 정관에 따라 이사회의 의결을 거쳐 규칙으로 정하도록 되어 있고, 보수규 칙이 미비할 때에는 관련 규정을 보완(개정 한 후 적용한다.

o 참가인은 당시 사무처장으로서 2013. 10. 11. 대학에 새로 보임된 F 부총장에게 지급...

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