The judgment below is reversed, and the case is remanded to Busan High Court.

The grounds of appeal are examined.

1. According to Article 24 of the former Public Educational Officials Act (amended by Act No. 11690, Mar. 23, 2013; hereinafter “the Public Educational Officials Act”), the head of a national university (hereinafter “the president”) shall be appointed by the President on the recommendation of the Minister of Education, Science and Technology with the recommendation of the relevant university (paragraph (1)); (2) a university president appointment recommendation committee (hereinafter “Recommendation Committee”); and (3) the Recommendation Committee shall select a candidate in any of the methods and procedures for selection at the Recommendation Committee (hereinafter “Recommendation Committee”); and (4) as prescribed by the relevant university and college, a university’s recommendation committee shall select a candidate in any of the methods and methods of “election at the Recommendation Committee” (Article 3 subparag. 1; hereinafter “Selection System”); or “elections according to the agreed method and procedure for faculty members of the relevant university and college” (Article 3 subparag. 2;

In addition, matters necessary for the composition, operation, etc. of such recommendation committee shall be prescribed by Presidential Decree (Article 12-3(1) of the Decree on the Appointment of Public Educational Officials. According to delegation, Article 12-3(1) of the Decree on the Appointment of Public Educational Officials provides that the recommendation committee shall be comprised of not less than 10 but not more than 50 members from among the teachers and staff, students, and other persons than the relevant university, as prescribed by the relevant university,

Meanwhile, according to the Higher Education Act, the head of a school may enact or amend school regulations (hereinafter “school regulations”) within the scope of statutes, and necessary matters, such as matters to be stated in school regulations, procedures for the enactment and amendment thereof, etc., shall be prescribed by Presidential Decree (Article 6), and fundamental matters concerning the organization of national schools shall be prescribed by Presidential Decree

(Article 19). According to such delegation, Article 4(1) of the former Enforcement Decree of the Higher Education Act (amended by Presidential Decree No. 25850, Dec. 16, 2014; hereinafter “Enforcement Decree of the Higher Education Act”) provides for matters to be stated in school regulations, and Article 4(3) provides for the head of a school to establish school regulations.