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(영문) 서울고등법원 2017.08.18 2016나2085416
재임용거부처분무효확인등
Text

1. The plaintiff's appeal and the defendant's appeal are all dismissed.

2. The costs of appeal shall be borne by each party.

purport, purport, and.

Reasons

1. Basic facts

A. The relationship between the parties (1) is an educational foundation that establishes and operates C University (hereinafter “Defendant University”).

(2) From 2006, the Plaintiff served as an associate professor at Defendant University as an associate professor at Defendant University, who was appointed as an associate professor at Non-Retirement Age of two years on March 1, 2012, and served as an assistant professor at Defendant University until February 28, 2014.

On March 1, 2014, the Plaintiff is reappointed as an assistant professor for non-retirement faculty who has worked for two years, and the name and curriculum of the department was changed and served as an assistant professor for public health sports management and affiliated assistant professor.

B. (1) The Plaintiff’s provision on the examination for reappointment (1) provides that “The Plaintiff shall be an education, guidance, and industry-academic cooperation teacher (Article 1(1)), among faculty members prior to the non-retirement age of the Defendant university,” and that “the Plaintiff shall be subject to the evaluation of the Plaintiff’s achievements and reappointment according to the prescribed evaluation criteria for the performance by the end of November pursuant to the Regulations on the Personnel Management of the Defendant University and the Regulations on the Appointment of Non-Retirement Age Limiting Teachers (Article 5(1)), and that “The Plaintiff shall be subject to reappointment if the results of the evaluation based on the evaluation criteria are at least 75 out of 100 points (Article 5(2)).”

(2) The Act on the Management of Teachers’ Personnel of the Defendant University provides that the president shall set and implement a separate review criteria for reappointment of teachers in exclusive charge of non-retirement education, guidance, and industry-academic cooperation, such as the Plaintiff.

(Articles 10(7) and 4-2(4) of the Act on the Appointment of Non-Retirement Age Teachers at the Defendant University provide that the president shall set and implement separate review criteria for non-retirement age education, guidance, and industry-academic cooperation, such as the Plaintiff.

(Article 7(4)(3) of the Act on the Evaluation of Teaching Faculty (No. 1) of the Defendant’s University was amended on May 29, 2015.

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