logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울남부지방법원 2018.12.21 2018가합103762
징계처분무효확인의 소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Defendant is an incorporated educational foundation that establishes and operates C University, and the Plaintiff is a person who has served as C University D and Human Resource Design professor from March 1, 2016 to February 28, 2018.

B. On January 30, 2018, the teachers’ disciplinary committee decided on the disciplinary action against the Plaintiff on the ground that “the Plaintiff, along with E professors, made students enter the drinking room in the F Department, and aided and abetted the students to drink, singing, and instruct students in the drinking place,” and that “the Plaintiff, in collusion with E, led the graduates G to prepare and submit a false civil petition so that the F would be disadvantageous to F,” and the Defendant, on February 13, 2018, took disciplinary action (hereinafter “instant disciplinary action”).

The detailed grounds for the instant disciplinary action are as shown in the attached Form.

C. The Defendant refused to conclude a contract for reappointment with the Plaintiff on the ground that the Plaintiff’s evaluation score was less than 70 points, which is the minimum standard for reappointment, and the Plaintiff retired from C University on February 28, 2018.

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

2. Determination on the defense prior to the merits

A. The defendant's assertion that the plaintiff is a teacher holding concurrent office who is paid tuition fees per hour, and since the disciplinary action in this case occurred after the disciplinary action in this case, there was no salary to reduce the plaintiff.

The plaintiff is not a teacher of the C University. The records of the disciplinary action in this case are cancelled after keeping them for three years at C University, and the defendant does not provide them to a third party at will.

Therefore, there is no disadvantage suffered by the Plaintiff due to the instant disciplinary action, and there is no benefit to seek confirmation of the invalidity of the instant disciplinary action.

B. Lawsuits for confirmation of judgment shall be current rights or laws.

arrow