1. From February 1, 2017 to May 8, 2017, the Plaintiff is in the position of associate professor at Cuniversity established and operated by the Defendant.

1. Basic facts

A. On March 1, 2007, the Plaintiff was appointed as a full-time lecturer at the Department of Culture at C University established and operated by the Defendant and then was appointed as an associate professor on October 1, 2014. The term of office expires on September 30, 2017.

B. On January 31, 2017, prior to the expiration of the president’s term of office, the Plaintiff, who was in office as the president of C University from February 5, 2015, submitted to the Defendant the “written resignation from the position of president of C University as of February 1, 2017.” The Defendant, as of February 1, 2017, was treated as having retired from the position of president of C University as well as having retired from the position of associate professor as of having retired from the position of president of C University as of February 1, 2017. The Plaintiff reported to the Private School Pension Management Corporation as an associate professor.

C. The main contents of the Defendant’s articles of incorporation at the time of February 1, 2017, the Plaintiff’s retirement date, are as follows.

(1) The head of a school established and operated by this corporation shall appoint and dismiss the chief director through a resolution of the board of directors, and the term of office of the chief director shall be three years, and he/she may be reappointed.

Provided, That where necessary, the term of office of the president may be two years.

(3) When the chief director appoints or dismisses teachers other than the principal of a school, he shall undergo a resolution by the board of directors on recommendation.

In such cases, the appointment shall be made by fixing the following periods:

(8) Where a teacher of an associate professor is appointed as a principal of a school and his/her term of office under paragraph (1) is completed, he/she shall be deemed appointed as a teacher immediately before he/she is appointed as the principal of a school, notwithstanding paragraph (3

Provided, That where a person resigns during his/her term of office, he/she may be appointed as a teacher immediately before he/she is appointed as a principal of a school.

Article 47 (Prohibition of Temporary Retirement, Dismissal, etc. Contrary to Intention) (1) Teachers shall be subject to punishment, disciplinary action or other causes as provided for in the Private School Act.