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(영문) 서울고등법원 2012.11.30 2012나19347
총장지위확인등
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

The first instance court.

Reasons

1. Basic facts

A. On March 1, 1988, the Plaintiff was appointed as the professor of C University’s food nutrition and professor operated by the Defendant Company. From May 1, 2010, the Plaintiff served as the president of the said University.

B. On February 28, 2011, the Plaintiff submitted to the president of the Defendant Corporation D a resignation letter stating that “the Plaintiff would resign from the president’s position of the C University due to personal reasons.”

C. Accordingly, the Defendant corporation dismissed the Plaintiff following the resolution of the board of directors on March 14, 201 and the resolution of the teachers’ personnel committee on March 21, 201, and notified the Plaintiff of the result of the dismissal on March 23, 2011.

The articles of incorporation of the defendant corporation in relation to the case are as follows:

Article 36 (Appointment and Dismissal) (1) The head of a school which establishes and operates this corporation shall be appointed or dismissed by the chief director upon resolution of the board

Provided, That where the head of a college educational institution intends to dismiss the head of the college educational institution during his/her term of office, he/she shall obtain a resolution by the board of directors with the consent of at least

1. The term of office shall be three years, and it may be reappointed;

2. Where a person who is appointed as the head of a university while in office has finished his/her term of office, he/she shall be deemed appointed as a teacher prior to appointment of the head of the university on the day following the expiration of such term;

(2) Teachers other than the heads of schools shall be appointed or dismissed by the president upon the proposal of the heads of schools after deliberation by the personnel committee.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 6, 8, Eul evidence Nos. 2, 3, and 5, the purport of the whole pleadings

2. The plaintiff's assertion

A. 1) The Plaintiff’s submission of the resignation letter on February 28, 2011 to the president and the professor status verification claim is null and void by a false declaration of intention, as it is intended to demand the improvement of the claims and improvements regarding the transition of E, which is the head of the planning and coordination office of the Defendant Corporation, at the time of the Plaintiff’s birth without any intention to actually resign. 2) Even if the Plaintiff’s resignation on February 28, 2011.

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