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(영문) 대법원 2017.07.18 2015다60726
면직처분무효확인 등
Text

All appeals are dismissed.

The costs of appeal are assessed against the defendant.

Reasons

The grounds of appeal are examined.

1. The lower court determined that each of the instant dispositions against the Plaintiffs was null and void, on the ground that the Defendant, who established and operated the E University and the F University, was likely to avoid dismissal by re-transfering the Plaintiffs, who were professors belonging to the E University, to relevant departments, but did not fully endeavor to avoid dismissal.

The reasons are as follows. A. The reasons are as follows.

Plaintiff

A) Plaintiff A, who was affiliated with the E University Health and Medical Service Department, has at least 15 years of educational experience, and his major in environmental engineering, health science, and preventive medicine is related to the departments that applied for transition (E University Nursing and Health Welfare Department, F University Nursing and Nursing Department, Environmental and Energy Department, etc.).

The subjects established in the E University Nursing and Health and Welfare Department and the Environmental and Energy Department of the F University are similar to those of the subjects that the Plaintiff took from the E University to February 2, 201.

(2) Since G workers employed as full-time faculty members with the clinical pathology of the E University after the application for the conversion of Plaintiff A did not have a clinical pathology certificate as shown in Plaintiff A, G workers with the E University can become full-time faculty members with the clinical pathology of the E University without the clinical pathology certificate.

(3) As of April 1, 2013, the rate of recruitment of full-time faculty members in the E University clinical pathology and nursing, and the Environmental Energy Department of the F University increased by 60% as of April 1, 2013.

(4) Therefore, the Defendant could avoid dismissal by relocating the Plaintiff A to the nursing, health and welfare department, or the environment, energy department, etc. of the F University.

B. Plaintiff B (1) The educational career of Plaintiff B, who was in the management department of the E University, is at least 15 years, and his major is related to the tourism management department of the F University and the hotel management department.

The subjects established in the F University tourism management department and hotel management department are similar to those of Plaintiff B’s lecture from 1998 to February 2, 201.

(ii)the F University Tourism Management Department;

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