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(영문) 서울고등법원 2017.09.29 2017누30407
교원소청심사위원회결정취소
Text

The judgment of the first instance shall be revoked.

As of December 9, 2015, the Defendant between the Plaintiff and the Intervenor joining the Defendant on December 9, 2015.

Reasons

1. Case history

A. The Intervenor joining the Defendant (hereinafter referred to as the “ Intervenor”) is a school foundation that establishes and operates the C University, and the Plaintiff is concurrently holding the office of representative director of Nonparty D Co., Ltd. (hereinafter referred to as the “instant company”) while serving as the electronic engineering and professor of the said University Information and Communications University.

B. On February 7, 200, the Plaintiff issued a preliminary venture business confirmation certificate (term of validity: from February 7, 2000 to August 6, 200) from the Administrator of the Small and Medium Business Administration in preparation for the instant company’s establishment, and attached thereto, filed an application for approval of the professor/Experimental establishment (Concurrent Office) with the president of C University.

On February 17, 2000, the Plaintiff entered into an agreement with the president of Cuniversity on the approval of the establishment of a teaching laboratory (Concurrent Office) (hereinafter “instant agreement”) and obtained permission for concurrent office on February 22, 2000.

(hereinafter “instant concurrent holding of office”). The main contents of the instant agreement are as follows.

(A) The term "A" in the Convention shall be determined by the President of C University, and the term "B" in Article 3 (Obligations of B) (1) shall be determined not to cause any of the following matters with respect to the establishment of a teaching laboratory (in holding concurrent offices, to ensure that the C University and the university and department under his/her control do not fall under any of the following:

1. Obstruction in normal teaching service;

6. To honor the C University and the universities and departments to which the C University belongs.

Article 4 (Report on Execution of Projects) (Report on Execution of Projects) B shall, after the conclusion of this Convention, submit the progress and results of the last day of this Convention to A in a report, and shall faithfully comply with the request for submission of related data that A needs.

Article 5 (Charges for Gender Equality) The following success charges shall be paid to A when a project commences on the basis of all the results made during the period of approval for the establishment of a teaching laboratory or laboratory or on the basis of its application:

1.B:

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