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(영문) 서울고등법원 2016.03.30 2015나2069264
임금
Text

1. Of the judgment of the court of first instance, the part against the defendant exceeding the money ordered to be paid below shall be revoked.

Reasons

1. Basic facts

A. On March 2, 1996, the Plaintiff was newly appointed as a full-time lecturer and electricity of the Defendant C University. On May 1, 2001, the Plaintiff was promoted as an assistant professor.

B. C University was selected respectively in 2009 and D, and accordingly, the Ministry of Education, Science and Technology demanded a high-Robbery restructuring from the Ministry of Education, Science and Technology in 201. Accordingly, on February 21, 2011, C University decided to suspend the recruitment of new students with respect to the electric department of electrical machinery (hereinafter “electric department”) registered by new students, and C University amended its school regulations on December 19, 201 to close electricity with the electric department.

C. On January 31, 2013, the Defendant ex officio (hereinafter “the primary ex officio ex officio dismissal”) of the Plaintiff on the grounds of electricity and closure as well as the closure thereof in accordance with a resolution of the teachers’ personnel committee and the Defendant’s board of directors. On March 4, 2013, the Plaintiff filed a petition review seeking revocation of the primary ex officio dismissal with the Teachers’ Personnel Committee.

On June 3, 2013, the Appeal Committee for Teachers rendered a decision to revoke the first ex officio dismissal on the ground that “The former Department was not lawfully closed, as the former has been enrolled in the establishment of the C University,” and the Defendant did not dispute the decision to revoke the above. However, the Defendant did not lose all the decision.

(Seoul Administrative Court 2013Guhap58252, Seoul High Court 2014Nu43006, Supreme Court 2014Du40128). E.

On March 11, 2014, the Defendant convened the board of directors on which the lawsuit was pending, and deliberated and decided on matters concerning the dismissal, etc. of ten teachers including the Plaintiff, and on March 20, 2014, the Defendant separate from the lawsuit in question, taking into account the following: (a) the circumstances in which the disposition of closure of the educational department became final and conclusive; (b) the closure of the electricity department; (c) the circumstances in which there are no electrical and registered students; (d) the Ministry of Education had C universities temporarily attend school on a yearly one-year basis in 2014; and (e) the temporary students, etc. who were not registered in the first semester in the Ministry of Education, who were transferred to the Private School Promotion Foundation.

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