logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 2018.07.19 2017가단518386
수업금지처분무효확인
Text

1. The Defendant’s KRW 10,000,000 and the Plaintiff’s annual rate of KRW 5% from May 2, 2016 to July 19, 2018.

Reasons

1. Basic facts

A. The Defendant is a school juristic person which establishes and operates C University.

B. On March 1, 2005, the Plaintiff was reappointed on April 1, 2012, when he/she was reappointed on a one-year basis as a full-time lecturer in the performance and visual image division at C University, and was reappointed on January 2, 2013 from March 1, 2013 to February 28, 2014.

C. However, on December 24, 2013, the Defendant notified the Plaintiff that his achievements evaluation points will be dismissed by the termination of the contract on the grounds that they fall short of the standards for reappointment.

(hereinafter referred to as "re-employment refusal disposition") d.

On January 24, 2014, the Plaintiff filed an appeal against the rejection disposition of re-election with the Appeal Commission for Teachers, and the Appeal Commission for Teachers decided to revoke the rejection disposition of re-election on May 14, 2014.

On July 7, 2014, the Defendant filed a lawsuit seeking the revocation of the decision on review of the appeal with the Seoul Administrative Court (2014Guhap13195). However, the said court was sentenced to a dismissal decision on the grounds of lack of objectivity of the criteria for review of re-employment, the abstractness of service items during the evaluation of achievements, and the uncertainty of the criteria for selection of persons subject to final refusal to be reappointed. The Seoul High Court Decision 2014Nu74253 Decided November 18, 2015 and the Supreme Court Decision 2015Du51477 Decided January 14, 2016 became final and conclusive as it is.

E. On May 2, 2016, according to the foregoing final judgment, the Defendant notified the Plaintiff of the re-election (period: from May 1, 2016 to August 31, 2017) and notified the Plaintiff of a personnel order to change the affiliated colleges from the performance film department to the culture university.

(f) On June 7, 2016, the Plaintiff filed an appeal review seeking revocation of the disposition of movement to a faculty member’s department with the Appeal Committee, and the Appeal Committee for Teachers decided to revoke the disposition of movement to the department on July 27, 2016.

(hereinafter “instant decision”). As to this, the Defendant on August 2016.

arrow