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(영문) 수원지방법원 2014.01.10 2012가합8218
재임용거부결정및 통지 무효확인등의청구
Text

1. On December 23, 201, the Defendant confirmed that the decision to refuse reappointment and the notification made to the Plaintiff on December 23, 201 is null and void.

2. The defendant.

Reasons

1. Basic facts

A. The defendant is a school juristic person which establishes and operates B University.

On March 1, 200, the Plaintiff was appointed as a Japanese language and a visiting professor of the Human Research College of the B University until September 30, 2009, and was appointed as a non-retirement-based full-time lecturer from the Defendant on October 28, 2009 and on February 29, 2009, he was appointed as a non-retirement-based full-time lecturer from the Defendant on February 28, 201. The Plaintiff was reappointed on two occasions on March 1, 201 and on March 1, 2011, and served as a full-time lecturer in charge of foreign language education of the B University until February 29, 2012.

B. On October 2, 2011, the Plaintiff submitted to the Defendant an application for examination for reappointment of foreign language teachers exclusively in charge of foreign language education in the first semester even in the year of 2012, and the Defendant sent to the Plaintiff, around December 23, 2011, an official document stating that “the guidance on the results of the examination for reappointment of foreign language teachers exclusively in charge of foreign language education in the first semester” was “the guidance on the results of the examination for reappointment in the first semester” and notified the Plaintiff that the Plaintiff was disqualified from the examination for reappointment by acquiring 68 points with less than

hereinafter referred to as "dispositions rejecting reappointment of this case"

(c) The purpose of Article 1 (Purpose) of the Regulations on the Personnel Management of Non-Retirement Pension Teachers (amended by Act No. 10, Jun. 10, 201) is to establish the personnel management standards for Non-Retirement Pension Teachers in accordance with Article 2 (4) of the Regulations on the Personnel Management of Members of B University. Article 2 (Definition) ① The non-Retirement Pension Teachers refer to the teachers who are appointed for a fixed period of time and retire automatically at the expiration of the final term of appointment. ② The non-Retirement Pension Teachers shall be classified into industry-academic cooperation teachers, teachers exclusively in charge of lectures, and foreign language education. The term of office of non-Retirement Pension Teachers shall not exceed two years.

Provided, That no restriction shall be placed on teachers exclusively in charge of foreign language education, if deemed particularly necessary due to the nature of the lecture.

(2) The period of appointment of a non-retirement System Teachers shall be two years.

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