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(영문) 서울고등법원 2019.11.26 2019누41548
교원소청심사위원회결정취소
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff, including the part arising from the supplementary participation.

Reasons

1. Details of the decision;

A. The Plaintiff is a school foundation that operates C University (hereinafter “instant University”). On March 1, 2002, the Intervenor was newly appointed as a full-time lecturer at the instant University on April 1, 2005, and was appointed as an assistant professor on September 1, 2013, and the term of appointment was “from September 1, 2013 to August 31, 2017” and was reappointed on September 1, 2013.

B. The amendment of the Regulations on Appointment of Teachers and the Decision on Appointment of Participants 1) The Plaintiff, following the resolution of the board of directors, was partially amended on September 1, 2016, as follows: (a) at the same time, amended the Regulations on Personnel Management of Teaching Staff, the Regulations on Appointment of Teaching Staff, and the Regulations on Evaluation of Teaching Faculty (hereinafter the amended Regulations, including the amended provisions), respectively (hereinafter “amended Regulations”).

(1) Appointment of teachers under Article 39 (2) of the Articles of Incorporation shall be made within the scope of the following subparagraphs on the terms and conditions of a contract:

1. Service period;

(c) Assistant professor: The term of a contract shall be determined within the following limits:

1. Service period: The relevant provisions applicable to the faculty members of the national and public universities pursuant to Article 53-2(3) of the Private School Act shall apply. Article 31 of the Regulations on the Personnel Management of Teaching Staff of the university of this case was deleted and Article 5-2 of the Regulations on the Appointment of Teaching Staff was also amended as follows:

As a result, the term of appointment was changed from the previous "four years" to the "period determined by the contract", and the "period subject to examination" was changed to the "period immediately preceding four years". In addition, the "period subject to evaluation" is the previous "period of on-site training of industrial enterprises (at least 14 days)", the average point of examination of teaching service (at least 360 points), research achievements (at least 200 points), and re-election.

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