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(영문) 광주고등법원 (전주) 2018.03.08 2017나10546
의결무효확인 및 손해배상(기)
Text

1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the subsequent order of payment shall be revoked.

Reasons

1. Basic facts

A. 1) The Defendant is a school foundation that establishes and operates the C University. 2) On March 1, 2007, the Plaintiff was newly appointed as an associate professor (a former faculty member of the EM) of the D Department of the C University (hereinafter “E Department”) of the D Department of the D Department of the C University on March 1, 2007, regardless of whether before or after the change, and the term of appointment on March 1, 2013 was determined from March 1, 2013 to February 28, 2019, and is reappointed as an associate professor of the E Department.

(A) 44 Evidence. (b)

1) The Regulations on the Personnel Management of C University Teachers provide that the former faculty member shall be appointed on March 1 and September 1 of each year, and the period required for promotion to associate professors is five years. The Plaintiff was a person subject to promotion from September 1, 2012 to September 1, 2012. (2) The C University Personnel Committee of C University Teachers (hereinafter “Personnel Committee”) deliberated on the agenda that excludes the Plaintiff from the examination of promotion at the time of the meeting on August 14, 2013 at the time of promotion on September 1, 2013.

Accordingly, the Plaintiff was unable to receive the promotion of professor on September 1, 2013.

3) At the time of promotion on March 1, 2014, the Defendant excluded the Plaintiff from the subject of examination for promotion before deliberation by the personnel committee. 4) After the meeting on July 31, 2014, the personnel committee decided to exclude the Plaintiff from the subject of examination for proposal for appointment of teachers subject to promotion on September 1, 2014, including the decision to exclude the subject of examination for appointment of teachers subject to promotion from the subject of recommendation for promotion. From that time to September 1, 2017.

1. A resolution was made to exclude the Plaintiff from the list Nos. 3 to 9 “the date of resolution” column of each date indicated in the same list “the time of promotion” column.

Accordingly, the plaintiff was not promoted at the time of the above promotion.

On August 14, 2013, the reasons for exclusion from the date of resolution (the time of promotion) may hinder the development of departments due to the litigation between professors of departments ( September 1, 2013).

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