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(영문) 서울고등법원 2019.01.23 2018나2023771
재임용탈락결정무효확인
Text

1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

(b) was appointed as an assistant professor in the department of politics of the Social Science University;

The plaintiff was reappointed as an assistant professor in September 2008 and September 2010, respectively.

B. In promoting the Plaintiff as an associate professor on September 1, 2012, the Defendant set the term of appointment as three years from September 1, 2012 to August 31, 2015, and added the following conditions (hereinafter “instant terms”) to each of the following terms and conditions (hereinafter “instant terms and conditions”).

1. Standards for reappointment prescribed by detailed rules for the evaluation of teachers' services:

2. Publication in one international grade 1 thesis or two international grade 2 thesis;

3. The above international thesis to be published shall be not more than three official seals or a single thesis.

4. The above international thesis must be a regular thesis that has undergone a strict review (other than Clomenn, Critics, Norms, Common References, etc.)

5. The above international thesis is excluded from international publication in Korea.

6. Three years after the date of review for reappointment, no conditional reappointment may be allowed unless he/she passes this criteria. * The international thesis will be excluded from essential research business in the examination for promotion of regular professors.

C. On September 1, 2015, the Defendant rendered a decision to refuse the reappointment of the Plaintiff on the ground that the Plaintiff failed to meet the requirements of “an international first grade thesis 1 or 2 publication of Part I or II thesis” under paragraph (2) of the instant terms and conditions (hereinafter “decision to refuse the reappointment of the Plaintiff”). D.

The contents of the Private School Act and the articles of incorporation of the defendant, the personnel management regulations for teaching staff, and the detailed rules for the implementation of the evaluation of teaching staff related to the decision to refuse reappointment of the case

Article 53-2 (Appointment and Dismissal of Teachers other than the head of a school) (3) Teachers of a college educational institution may be appointed under the conditions of a contract, such as period of service, salary, conditions of service, and agreement on achievements and performance, as determined by the articles of incorporation.

In such cases, the period of service of national and public universities shall be determined.

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