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(영문) 서울고등법원 2018.08.17 2018나2001108
학위취소처분 무효확인의 소
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

purport.

Reasons

1. The facts under the facts of recognition do not conflict between the parties, or may be found in Gap's statements (if there are serial numbers, including each number; hereinafter the same shall apply) by taking into account the whole purport of the pleadings, or by taking into account the following facts: Gap's statements (including any number; hereinafter the same shall apply).

[1] The defendant is a school foundation that establishes and operates C University.

On February 2, 2004, the Plaintiff submitted a doctor’s degree thesis (hereinafter “D”) in the title “D” and received a doctor’s degree from C University (hereinafter “instant doctor’s degree”). From March 2004, the Plaintiff was appointed as a professor at C University.

[2] Around October 12, 2015, a civil petition was filed to request the Ministry of Education and Cuniversity to investigate the pertinent thesis on the ground that the instant thesis was plagiarism.

C University established a preliminary investigation committee in accordance with the Regulations on the Operation of the Research Ethics Ethics Committee, which was in force on October 2015, and investigated the plagiarism of the thesis of this case.

On October 19, 2015, the Preliminary Investigation Committee held that the thesis of this case is not subject to punishment of plagiarism on the ground that it is unreasonable to regard the thesis of this case as plagiarism as the result of comparison and analysis with the thesis of plagiarism, and that the suspected content of plagiarism asserted by civil petitioners cannot be deemed as the core content of the thesis of this case, and that the period of prescription has already expired since the research was conducted in 2003, and notified the Ministry of Education and the Plaintiff of the result thereof.

(hereinafter “instant First Investigation”) / [3] On March 11, 2016 and March 18, 2016, a civil petition was filed again with Cuniversity to request it to investigate whether the instant thesis was plagiarism, and on March 15, 2016, a civil petition was filed with the Ministry of Education for the same content.

C University amended on February 29, 2016, “Operational Rules of the Committee on the Promotion of Research Ethics” (hereinafter referred to as “Operation Rules”) provides for the preceding amendment, and the foregoing amendment is made.

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