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(영문) 서울행정법원 2020.09.08 2019구합72618
재임용거부처분취소결정 취소
Text

The plaintiff's claim is dismissed.

2. The costs of the lawsuit shall be borne by the Plaintiff, including the costs incurred by participation.

Reasons

1. Details of the disposition;

A. On March 1, 2015, the Intervenor joining the Defendant (hereinafter referred to as the “ Intervenor”) was newly appointed as an information and communications engineering and assistant professor at C University operated by the Plaintiff. On February 28, 2017, the Defendant was dismissed on the expiration of the term of appointment. On March 1, 2017, the Defendant was newly appointed on two years (from March 1, 2017 to February 28, 2019).

B. On October 17, 2018, the Plaintiff knew that the Intervenor was entitled to file an application for the expected expiration of the term of appointment and renewal, and the Intervenor filed an application for deliberation on reappointment on November 5, 2018.

C. On November 7, 2018, C University held a teachers’ personnel committee to decide that the Intervenor obtained points less than 70 points, which are the criteria for reappointment, as indicated in the table below, as a result of the review on the re-election of the Intervenor (hereinafter “the results of deliberation on re-election of this case”) and notified the Intervenor on the same day.

The evaluation score for the reappointment in the field of evaluation shall be 30 points, 5.5 upper 205 upper 205.33% of the 305th garment rate (30 points), basic qualities of the personnel committee (30 points), and the class D teachers personnel committee (40 points) of the D grade D teachers' personnel committee (40 points) of the 96.1 higher 1st 1st 218.4 higher 1st 1st 218.2nd 129.2nd 281.2nd 106.2nd 1006.2nd 6.2nd 1006.

D. On November 23, 2018, the Intervenor filed an objection to the results of the instant re-election, but the C University Teachers Personnel Committee dismissed the objection on November 29, 2018.

E. On December 6, 2018, the Plaintiff rendered a disposition of refusing re-election (hereinafter “instant disposition”) to the intervenors according to the results of the instant review for re-election.

F. The Intervenor filed an application with the Defendant for the examination of the appeal regarding the instant disposition, and the Defendant’s re-election evaluation of the faculty exclusively in charge of lectures under the Rules on the Appointment of Teaching Staff at C University (hereinafter “instant Rules on Appointment”) belongs to the lower 40% of the average tin margin in the lecture evaluation.

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