1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. Basic facts

A. The Defendant is a school foundation that establishes and operates C University (hereinafter “Defendant University”), and the Plaintiff is a person who was appointed as an assistant professor of the Japanese Language Department of the Defendant University on March 1, 1997 and was promoted to a professor on March 1, 2005.

B. From November 26, 2007 to December 31, 2012, the Plaintiff served as the director of the Japan Research Center under the Defendant’s University.

C. From October 8, 2013 to November 18, 2013, the Defendant University Teachers’ Disciplinary Committee held a disciplinary committee against the Plaintiff and decided to dismiss the Plaintiff. On December 20, 2013, the president of the Defendant University decided to dismiss the Plaintiff as of January 6, 2014, and notified the Plaintiff of the dismissal on January 3, 2014.

(hereinafter “instant dismissal”). Facts constituting the grounds for disciplinary action stated in the written decision on disciplinary action against the Plaintiff are as shown in the attached Form.

(2) The following facts: (a) The term “principal school”, “school authority”, and “school” mean “Defendant University” and “Plaintiff”; and (b) the term “person subject to disciplinary action” refer to the Plaintiff”; (c) there is no dispute; (d) evidence Nos. 1, 2, and 3-1, 2, and 14, and 16-2 of the evidence No. 1-2, and the purport of the whole pleadings;

2. The plaintiff's assertion

A. The dismissal of this case is null and void due to procedural defects in violation of the period of disciplinary action as prescribed by Article 66(2) of the Private School Act and Article 65(2) of the Articles of Incorporation of the Defendant.

B. The dismissal of the instant case is null and void due to the lack of grounds for disciplinary action.

C. Even if certain grounds for the disciplinary action against the Plaintiff are recognized, the dismissal of the instant case is too excessive and invalid.

3. Determination

A. Determination as to the existence of procedural defects 1) The facts of recognition [1] Article 66 of the former Private School Act (amended by Act No. 1324, Mar. 27, 2015; hereinafter the same shall apply] (1) (where a disciplinary decision is made as a result of a deliberation on a disciplinary case, the teachers’ disciplinary committee should prepare a written disciplinary decision stating the order and reasons for the decision and notify the appointing authority thereof.

(2) When an appointing authority is notified under paragraph (1), he/she shall notify it.