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(영문) 서울북부지방법원 2014.12.11 2013가합2744
교원임용절차이행청구 등
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 a school foundation that establishes and manages the C University (hereinafter “Defendant University”), and the Plaintiff was awarded a bachelor’s degree in biology and plant cell physiologicalology at C University, respectively, and obtained a doctor’s degree in plant cell physiologicalology at D University in 2010.

B. Around November 2012, the Defendant University announced 7 departments including the life and department of the Defendant University to invite 8 professors in total. Among them, the area of invitation of the life and department was vegetable cellology.

C. According to the above public notice, the Plaintiff provided support for the appointment of professors by having submitted documents, such as a letter of support, etc., to the Defendant University. After having undergone a basic examination, major examination, interview, etc., but was notified by the Defendant University of the final refusal of appointment on February 21, 2013.

According to the above public notice, four persons, other than the plaintiff, have been engaged in E, F, G, and H in the life and department of the defendant university, and among them, E was finally appointed.

E was awarded a bachelor's degree in bioscience and bioscience (vegetable major) at Cuniversity in 2010, and obtained a doctor's degree in bioscience (vegetable cellology) at the Iuniversity in 2010.

E. In relation to the instant case, each of the Defendant’s articles of incorporation, the Defendant’s provision on the personnel management of teaching staff, the provision on new appointment of teaching staff, and the provision on the evaluation

(1) The head of a school established and operated by this corporation shall be appointed by the president after a resolution of the board of directors.

(i)to consider important matters concerning the personnel affairs of the teachers’ personnel committee (hereinafter referred to as the “personnel committee”) in schools;

(1) The personnel committee shall deliberate on the following matters:

1. A university;

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