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(영문) 서울행정법원 2017.12.15 2017구합51501
총장임용처분취소
Text

1. All plaintiffs' lawsuits are dismissed.

2. The costs of the lawsuit, including those resulting from the participation, shall be all included.

Reasons

1. Details of the disposition;

A. The Plaintiffs are professors, students, or graduates of the National University B (hereinafter “the University”).

B. Article 24 of the Public Educational Officials Act, Articles 12-2 and 12-3 of the Decree on the Appointment of Educational Officials, and Article 3 of the Regulations on the Selection and Recommendation of Candidates for the President of the University (hereinafter “Selection Management Committee”), which are necessary matters concerning the selection and recommendation of candidates for the President of the University of this case, shall be established and organized, a committee for the Selection of Candidates for the President of the University of this case (hereinafter “Selection Management Committee”), a public recruitment and announcement of candidates for the President, a committee for the Recommendation of Candidates for the President (hereinafter “Recommendation Committee”) shall be established and organized, and procedures for the

C. As stipulated in the foregoing provision, the selection procedure of the 18th president of the University of this case was carried out, and as a result of voting conducted at the recommendation committee on October 17, 2014, C professor obtained the highest number of 29 votes, and A professor obtained the highest number of 19 votes thereafter.

On November 3, 2014, the instant university recommended C as a candidate for the first president of the 18th university of the instant university and recommended C as a candidate for the second president, and A as a candidate for the second president.

E. On December 15, 2014, the Intervenor decided not to recommend the president candidate recommended by the instant university after deliberation by the Committee for Personnel of Public Educational Officials pursuant to Article 24(6) of the Public Educational Officials Act. As such, the Intervenor sent to the instant university a letter of official title “request for re-recommendation of a candidate for appointment of the president” with the content of requesting the re-election of the president candidate within a prompt date pursuant to relevant provisions, such as the Public Educational Officials Act.

(f) On February 23, 2015, the Intervenor requested the president of the University of this case to re-recommendation a candidate for president appointment. However, the University of this case does not comply with the request.

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