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(영문) 서울행정법원 2015.10.22 2015구합6613
결정취소
Text

1. On February 25, 2015, the case between the Plaintiff and the Defendant’s Intervenor on February 25, 2015 seeking revocation of the disposition of salary reduction in March 2015.

Reasons

1. Details of the disposition;

A. The Intervenor joining the Defendant (hereinafter “ Intervenor”) is a school foundation that operates the C University, and the Plaintiff is currently serving as a professor of the C University’s international relations department from March 1, 1996 as a teacher of the C University and is currently serving as a professor of the C University.

B. The provisions regarding the organization and operation of the teachers' disciplinary committee among the intervenor's previous articles of association and the teachers' personnel management regulations are as follows:

(As seen earlier, the Intervenor’s articles of incorporation and teachers’ personnel management regulations were respectively amended on July 3, 2014 and July 10, 2014. The previous articles of incorporation and teachers’ personnel management regulations prior to the amendment (hereinafter “former articles of incorporation and teachers’ personnel management regulations prior to the amendment”), and Article 58 (Organization of Teachers’ Disciplinary Committee) (1) of the previous articles of incorporation prior to the amendment, shall be comprised of seven members.

(2) Members of the teachers' disciplinary committee shall be appointed by the chairperson following a resolution by the board of directors.

Provided, That the number of members who are directors of a school juristic person shall not exceed 1/2 of the members.

Article 70 (Operational Regulations) (1) Matters not specified in the articles of incorporation concerning the operation of the teachers' disciplinary committee shall be determined by the chairperson following a resolution of the teachers' disciplinary committee

The purpose of Article 36 (Purpose) of the former Teachers Personnel Management Regulations is to prescribe all matters concerning disciplinary actions against teachers pursuant to Article 70 of the Articles of Incorporation.

Article 37 (Organization of Teachers' Disciplinary Committee) The Teachers' Disciplinary Committee shall be comprised of three persons appointed by the president, three persons (three persons recommended by the Council of Professors), the head of the relevant department or faculty to which the teachers subject to disciplinary action belong.

C. The president of Cuniversity requested the Intervenor’s disciplinary action against the Plaintiff to the board of directors on the ground that the Plaintiff committed negligence of duties, such as the Plaintiff’s rest of eight days out of the total number of lecture days assigned to the Plaintiff during the first semester of 2013. The Intervenor’s board of directors held on December 2, 2013 at the 9th meeting of the board of directors held on December 2, 2013.

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