The nature of an act of appointment as treatment assistant professor for one year according to the organization regulations of university at the time of enforcement of the former Private School Act (amended by Act No. 4226 of Apr. 7, 1990)

In the event that the former Private School Act (amended by Act No. 4226, Apr. 7, 1990) is appointed as an associate professor for one year of employment in accordance with the organization regulations of universities at the time of the enforcement, it does not belong to the category of university faculty based on Article 75(1)2 of the Education Act, but it cannot be deemed that the appointment as an associate professor is valid as a kind of conditional appointment as specified in the proviso of Article 56(1) of the same Act, and is invalid or that it is not deemed that it is an assistant professor as a regular teacher.

Article 56 of the former Private School Act (amended by Act No. 4226 of Apr. 7, 1990); Article 75 (1) 2 of the Education Act

[Plaintiff-Appellant] Plaintiff 1 and 1 other (Law Firm Han-sung, Attorneys Park Jae-young and 1 other, Counsel for plaintiff-appellant-appellant-appellant-appellant-appellant-appellant-Appellee)

Hong Pan District Court Decision 201Na1484 decided May 2, 20

Seoul High Court Order 991 Dated February 6, 1991, 90Ra70

The reappeal is dismissed.

According to the reasoning of the decision of the court below, on March 1, 198, an applicant was appointed as an assistant professor for one year of employment at a Dong university, which was operated by the respondent, and on March 1, 1989, again appointed as an assistant professor for one year of employment. On February 28, 1990, the court below recognized that the applicant retired from office due to expiration of the term of employment on February 28, 1990. Although the applicant is not included in the category of the university faculty based on Article 75 (1) 2 of the Education Act, the applicant is appointed according to the regulations on the organization and personnel management of the university, and the conditions under which the medical teacher regulations are prescribed by the agreement between the parties, such appointment is valid as a type of conditional appointment scheduled under the proviso of Article 56 (1) of the former Private School Act (amended by April 7, 1990) and it cannot be deemed that the applicant was employed as an assistant professor for regular appointment, it is not justified in the misapprehension of legal principles as to the status of the contract or the decision.

Therefore, the reappeal is dismissed, and it is so decided as per Disposition by the assent of all participating Justices.

Justices Kim Jong-soo (Presiding Justice)