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(영문) 서울행정법원 2017.03.23 2016구합73887
교원소청심사위원회결정취소
Text

1. The plaintiff's claim is dismissed.

2. The costs of the lawsuit, including costs incurred by participation, are all assessed against the Plaintiff.

Reasons

1. Details of the decision;

A. The Plaintiff is a school foundation that establishes and operates C University.

B. On March 1, 2005, the Intervenor joining the Defendant (hereinafter “ Intervenor”) was reappointed on April 1, 2012, when he/she was reappointed on a yearly basis as a full-time lecturer at C University Performance and Video Academy (the title of the department prior to the change: the drama film department) and served as an assistant professor. On January 2, 2013, the period of appointment was from March 1, 2013 to February 28, 2014.

C. On December 24, 2013, the Plaintiff notified the Intervenor that his achievements evaluation points are dismissed by the termination of the contract on the grounds that they fall short of the standards for reappointment.

(hereinafter referred to as "re-employment refusal disposition") d.

On January 24, 2014, an intervenor filed a petition for review of the appeal against the disposition of rejection of reappointment with the Defendant, and the Defendant rendered a decision to revoke the disposition of rejection of reappointment on May 14, 2014.

On July 7, 2014, the Plaintiff filed a lawsuit seeking the revocation of the decision to review the appeal with the Seoul Administrative Court (2014Guhap13195). However, the said court was sentenced to a dismissal decision on the grounds of lack of objectivity of the criteria for review the re-employment, the abstractness of service items during the evaluation of achievements, and the uncertainty of the criteria for the selection of persons subject to final refusal to be reappointed. The Seoul High Court Decision 2014Nu74253 Decided November 18, 2015 and the Supreme Court Decision 2015Du51477 Decided January 14, 2016 were finalized as it is.

E. On May 2, 2016, according to the foregoing final judgment, the Plaintiff notified the Intervenor of the re-election (period: from May 1, 2016 to August 31, 2017) and notified the Plaintiff of the change of his/her associate college from the performance film faculty to the cultural university.

(F) On June 7, 2016, the Intervenor filed a petition for review with the Defendant seeking revocation of the instant disposition. On July 27, 2016, the Defendant is highly likely to have the need to change the Intervenor into a cultural college.

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